President Donald Trump informed an NBC interviewer on March 30, 2025, that he was “not joking” a few third time period as president, regardless of such a time period being barred by the Structure.
“There are strategies which you possibly can do it,” he stated within the interview.
For months, Trump has been hinting – in joking tones – that he’s concerned about discovering a approach to proceed within the White Home previous the authorized restrict of two phrases. However the twenty second Modification to the Structure is obvious that Trump can’t be elected once more. The textual content of the modification states:
“No individual shall be elected to the workplace of the President greater than twice, and no one that has held the workplace of President, or acted as President, for greater than two years of a time period to which another individual was elected President shall be elected to the workplace of the President greater than as soon as.”
That modification was handed in response to Franklin Roosevelt’s 4 elections to the presidency. Since George Washington had stepped down on the finish of his second time period, no president had sought a 3rd time period, a lot much less a fourth. The modification was clearly meant to forestall presidents from serving greater than two phrases in workplace.
As a result of Trump has been elected president twice already, the plain language of the modification bars him from being elected a 3rd time. Some have argued that since Trump’s phrases had been nonconsecutive, the modification doesn’t apply to him. However the modification makes no distinction between consecutive and nonconsecutive phrases in workplace.
Although the twenty second Modification prohibits Trump from being elected president once more, it doesn’t prohibit him from serving as president past Jan. 20, 2029. The rationale for that is that the twenty second Modification solely prohibits somebody from being “elected” greater than twice. It says nothing about somebody changing into president in another method than being elected to the workplace.
Skirting the principles
There are a number of potential alternate eventualities. Underneath regular circumstances, they might be subsequent to not possible. However Donald Trump has by no means been a traditional president.
On challenge after challenge, Trump has pushed the outer limits of presidential energy. Most significantly, he has already proven his willingness to bend and even break the legislation to remain in workplace. And whereas Trump claims he’s solely joking when he floats the thought of a 3rd time period, he has a protracted historical past of utilizing “jokes” as a method of floating trial balloons.
Moreover, as soon as he leaves workplace, Trump might as soon as once more face the prospect of legal prosecution and presumably jail time, additional motivating him to remain in energy. As Trump’s second time period progresses, don’t be shocked if Individuals hear extra about how he may attempt to keep in workplace. Here’s what the Structure says about that prospect.
Different methods to turn into president
9 folks have served as president with out first being elected to that workplace. John Tyler, Millard Fillmore, Andrew Johnson, Chester Arthur, Theodore Roosevelt, Calvin Coolidge, Harry Truman, Lyndon Johnson and Gerald Ford had been all vice presidents who stepped into the workplace when their predecessors both died or resigned.
The twenty second Modification doesn’t bar a term-limited president from being elected vice chairman. However, the twelfth Modification does state that “no individual constitutionally ineligible to the workplace of the President shall be eligible to that of the Vice-President of america.”
It’s not clear whether or not this restriction applies to a two-term president who’s ineligible for a 3rd time period due to the twenty second Modification – or whether or not it merely imposes on the vice chairman the Structure’s different standards for presidential eligibility, particularly that they be a natural-born citizen of america, at the least 35 years of age and have lived within the U.S. for at the least 14 years.
That query must be determined by the U.S. Supreme Courtroom. Ought to the justices determine in Trump’s favor – as they’ve not too long ago on questions concerning the 14th Modification’s rebel clause and presidential immunity – then the 2024 ticket of Trump-Vance might turn into the 2028 Vance-Trump ticket. If elected, Vance might then resign, making Trump president once more.
No resignation wanted
However Vance wouldn’t even need to resign to ensure that a Vice President Trump to train the ability of the presidency. The twenty fifth Modification to the Structure states that if a president declares that “he’s unable to discharge the powers and duties of the workplace … such powers and duties shall be discharged by the Vice President as Appearing President.”
In reality, the U.S. has had three such appearing presidents – George H.W. Bush, Dick Cheney and Kamala Harris. All of them held presidential energy for a short interval when the sitting president underwent anesthesia throughout medical procedures; Cheney did it twice.
On this situation, shortly after taking workplace on Jan. 20, 2029, President Vance might invoke the twenty fifth Modification by notifying the speaker of the Home and the president professional tempore of the Senate that he’s unable to discharge the duties of president. He wouldn’t want to offer any purpose or proof of this incapacity.
Vice President Trump would then turn into appearing president and assume the powers of the presidency till such time as President Vance issued a brand new notification indicating that he was capable of resume his duties as president.
‘Tandemocracy’
However exercising the ability of the presidency doesn’t even essentially require being president or appearing president.
Trump has repeatedly expressed his admiration for autocratic Russian President Vladimir Putin, so he may need to comply with the instance of the Medvedev-Putin “tandemocracy.”
In 2008, time period limits within the Russian structure prevented Putin from working for president after two consecutive phrases. As a substitute, he chosen a loyal subordinate, Dmitry Medvedev, to run for president.
When elected, Medvedev appointed Putin as his prime minister. By most accounts, Putin remained firmly in energy and made a lot of the essential choices. Following this instance, a future Republican president might appoint Trump to an government department place from which he might nonetheless train energy.
In 2012, Putin was capable of run for president once more, and he and Medvedev as soon as once more swapped roles. Since then, Putin has succeeded in amending the Russian Structure to successfully permit him to stay president for the remainder of his life.
Utilizing a figurehead
Then once more, Trump may simply need to keep away from all of those authorized subterfuges by following the instance of George and Lurleen Wallace. In 1966, the Alabama Structure prevented Wallace from working for a 3rd consecutive time period as governor. Nonetheless immensely widespread and unwilling to surrender energy, Wallace selected to have his spouse, Lurleen, run for governor. It was clear from the start that Lurleen was only a figurehead for George, who promised to be an adviser to his spouse, at a wage of $1 a yr.
The marketing campaign’s slogan of “Two Governors, One Trigger,” made it clear {that a} vote for Lurleen was actually a vote for George.
Lurleen gained in a landslide.
In accordance with one account of her time in workplace, the Wallaces had “one thing of a Queen-Prime Minister relationship: Mrs. Wallace handles the ceremonial and formal duties of state. Mr. Wallace attracts the grand outlines of state coverage and sees that it’s carried out.”
Trump’s spouse was not born a U.S. citizen and due to this fact isn’t eligible to be president. However as the pinnacle of the Republican Celebration, Trump might be sure that the subsequent GOP presidential candidate was a member of his household or another one that could be completely loyal and obedient to him. If that individual went on to win the White Home in 2028, Trump might function an unofficial adviser, permitting him to proceed to wield the ability of the presidency with out the precise title.
That is an up to date model of a narrative that was initially printed on Jan. 16, 2025.
Philip Klinkner, James S. Sherman Professor of Authorities, Hamilton School
This text is republished from The Dialog underneath a Artistic Commons license. Learn the authentic article.
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