Can Donald Trump be elected as the US president for the third time?
US President Donald Trump stated on Sunday that his intention to participate in the election for a third term is not a joke, but he did not explain how he would circumvent the prohibition in the US Constitution against holding the presidency for more than two terms.
So, can Donald Trump be elected for a third term? If not, what legal barriers would prevent him? Reuters conducted an interesting analysis on this matter here.
What does the US Constitution say?
The 22nd Amendment to the US Constitution states, "No person shall be elected to the office of President more than twice."
This amendment was ratified in 1951 after President Franklin Roosevelt broke the informal two-term limit that had been in place since the time of the first president, George Washington.
Roosevelt, who served during the Great Depression and World War II, was in office for three full terms and died a few months after his fourth term began in 1945.
According to Wayne Anger, a law professor at Quinnipiac University, the Constitution clearly limits the presidential term to two four-year terms. He stated that while such a situation has not been observed in history, Trump's attempt to challenge this provision in court is likely to fail.
"I think the Supreme Court will say 'no' to his wish — it's all clear: he can hold office for two terms of four years each. Donald Trump, you cannot participate in the election for a third time," Anger said.
Can Trump's supporters change the constitution?
Yes, but this has a very low probability in the current era of political polarization.
Any constitutional amendment requires a two-thirds majority vote in both chambers of the United States Congress — the House of Representatives and the Senate. Alternatively, at least two-thirds of the states must call for a National Convention, which must then be ratified by 38 out of 50 states.
Currently, Republicans have a slight majority in the House of Representatives — 213 seats against 218. In the Senate, they hold 53 votes. They also control the legislatures of 28 states.
Congressman Andy Ogles from Tennessee and a staunch supporter of Trump proposed revisiting the 22nd Amendment in January. He suggested allowing the president to serve three times, not consecutively, but in separate terms.
If this amendment were to be adopted, Trump would be eligible to run for a third term starting in 2029, as his presidential terms in 2017 and 2025 would not overlap.
Can Trump run as vice president?
In an interview with NBC, Trump mentioned the possibility of running for vice president if Jay DeVens is nominated as a presidential candidate in the next election.
If DeVens wins the election and later steps down from the presidency, Trump would have the opportunity to return to the White House.
However, Trump cannot run for vice president either, as he is not eligible to be president again. The 12th Amendment of the US Constitution states: "No person who is not eligible to be elected to the office of President shall be eligible to be elected to the office of Vice President."