US President says that “there are methods” to be elected again for the position and that he is not “playing” when this possibility entertains. Constitutionalists speak in a long and hard way full of obstacles
The statements are far from unpublished. After months of courting the idea of a third term in campaign rallies, and after winning the 2024 presidential, Donald Trump returned to the cargo on Sunday – saying that “there are methods” to stay in the presidency from 2028, although without named when.
This is what the United States Constitution dictates about how, and if a president can comply with more than two terms.
What does the Constitution say?
The 22nd Constitutional Amendment is the most cited when talking about a potential third term of Donald Trump.
Ratified in 1951, it emerged in the aftermath of the death of Franklin D. Roosevelt months after taking office to his 4th consecutive term – he was the only president to date to fulfill more than two presidential terms.
The amendment in question explicitly said that “no person can be elected to the position of president more than twice.”
Steve Bannon, a former Trump-structure in his first term, who served a few months in prison for his role in the attack on the Capitol, says the current president can again apply in 2028 because the amendment does not speak of “consecutive” mandates.
“It’s illegal, there’s no chance – that’s all that is to say,” Michael Waldman, president and CEO of Brennan Center for Justice, had a month ago at New York University Faculty of Law in an interview with CNN Internacional.
Is it possible to change the 22nd amendment?
Yes, it is, but it takes a huge alignment of wills and meanings of vote for it.
What was defined with the ratification of this amendment is that it can be changed or eliminated so that a president is possible to fulfill more than two terms:
- At least two thirds of the House of Representatives – 145 deputies – and two thirds of the Senate – 34 senators – vote in favor;
- At least three quarters from the US states (38) ratified this decision
At this time, Trump’s Republican Party controls the two councils of Congress, but does not have the majorities necessary to approve constitutional changes. In addition, there are 32 republican state legislatures, less than the minimum necessary.
Is there another way for Trump’s third term?
In Sunday’s interview, and the lack of clarification by the president about the various “methods” of continuing in office beyond 2028, journalist Kristen Welker questioned him if he referred to the possibility of his current vice president, JD Vance, being a presidential candidate for the republican party in the next elections to “pass the testimony” to Trump shortly after taking office. “Well, this is one of them, but there are others too,” Trump replied without elaborating.
However, the constitutionalists invoke another amendment that makes it impossible for this way-the 12th amendment, which dictates that “no constitutionally ineligible person for the position of president will be eligible for the position of vice president.”
Given this amendment, another hypothesis to circumvent these obstacles, namely Republicans will win again the presidency and congress in the 2028 elections and appoint Trump mayor.
Under the Constitution, this would place him third in the hierarchy for the presidency. It would be enough after the president and the vice president fired, leaving the way open to the former chief of state to return to the White House.
