A Third Trump Term Isn't Just a Joke Anymore

[Celerity]

Trump has repeatedly floated the idea of serving more than two terms as president, and one lawmaker has proposed an amendment that has brought the idea to Congress.

https://www.notus.org/donald-trump/trump-third-term-congress-andy-ogles

President Donald Trump just started his second term, but the idea that he could stick around for another one keeps coming up in Washington. One Republican lawmaker is already trying to change the Constitution to allow Trump a third term — Rep. Andy Ogles introduced a resolution to alter the 22nd Amendment, a move that has amplified the idea of Republicans keeping their president in office longer than the two-term limit. As recently as Thursday, Trump suggested that the limit is not concrete.

At a time when Trump is reaching for more land and power, the idea of Republicans trying to keep Trump in office even longer doesn’t seem so far-fetched, even if it doesn’t seem to have much traction in Congress. “I don’t think the question should be whether members of our party feel that [Trump should be president for a third time],” Sen. Lisa Murkowski told NOTUS. “It’s very clearly part of our Constitution that says that presidents are here for two terms. I think that serves our country good, and I don’t know why we need to change that.”

The resolution does not have any co-sponsors. But to hear Ogles tell it, there’s plenty of support for such a change among his constituents and his colleagues. He says the discussion is worth having because he’s happy with what Trump has done already with issues like immigration. “I think it’s more about, what does the electorate want?” Ogles told NOTUS in an interview, adding that he thinks if nothing else Republicans will use the resolution as a messaging tool to contrast Trump with former President Joe Biden. “We’ve been letting [the resolution] simmer and letting the grassroots do its job.”

For the Constitution to be altered, Ogles’ resolution would have to be approved by two-thirds of both the House and Senate and ratified by three-fourths of state legislatures. The legislation would bar presidents who have served two consecutive four-year terms from running for a third. The only president to serve more than two terms was Franklin Delano Roosevelt. Not all Republicans think that Ogles is completely out on a limb. “President Trump is off to a great start,” Rep. Robert Aderholt told NOTUS. “I certainly think it’s something we need to look at. My constituency is very happy with what he’s doing right now. I think they would be very much in favor of him serving another term.”

snip

[gab13by13]

1. Dictators don't have terms.

[Wingus Dingus]

2. Well of course it isn't. Do people actually think we'll have a choice?

Through what--voting? LOL.

[Freddie]

3. Carefully written so Obama can't run again

[kerouac2]

4. And they control the voting so ...

We are quite screwed.

[RJ-MacReady]

5. this isn't happening

Focus on the real threats that occurring now.

[Celerity]

7. we can walk and chew gum at the same time

[no_hypocrisy]

6. I don't believe TSF will try for the third term via The Constitution.

He'll try to follow the Mayor Rudolph Giuliani Playbook.

Within weeks of 9/11, Giuliani stated that there should not be the scheduled election for a new mayor of New York City. The primaries were rescheduled from 9/11 and were set to go. But Giuliani maintained that the City was in such a crisis that only he could steward it to sanity again. (Giuliani was term-limited and had to go.)

And it went to court. Giuliani lost.

Here, it's different. If TSF announced a third term due to a real or manufactured crisis, his FEC wouldn't necessarily prevent it from happening. Yeah, there's court and then there's COURT Trump-style. And voila! Trump is on the ballot in 2028 (if he lives that long.)

[RJ-MacReady]

12. blue states

And states with Democratic SoS's.would simply refuse to put him on the ballot.

[DFW]

8. According to Trump, this IS his third term

He maintains that he won in 2020, so this is his third term, according to him.

[Celerity]

9. he was never sworn in on January 20, 2021 (obviously, as he lost) so served no 2nd term from then until January 20, 2025

[DFW]

13. The Constitution specifically says "elected," not sworn in or served

And it was the Republicans who wrote the 22nd Amendment and rammed it through.

They made their own bed, so let them sleep in it

[Celerity]

16. Trump's claims are meaningless in terms of his being on his 3rd term now, he was not elected in 2020, was not sworn in

on January 20, 2021, and thus served no 2nd term until this one (that started on January 20, 2025).

[dalton99a]

10. Kick

[EdmondDantes_]

11. Still seems at best far-fetched

How do you see this getting anywhere near the required votes in any of the House, Senate, or state legislatures? Without a viable path, it still seems like a joke, admittedly not a funny joke.

[videohead5]

14. This will never get

2/3's of the House and Senate and States voting for it. It's not happening.

[LeftinOH]

15. He'll circumvent the law by Executive Ordering a 3rd term into existence.

If he can Executive Order the use of plastic straws, he can use it for absolutely anything.

[Wiz Imp]

17. NO, A Third Trump Term Is a Preposterous Joke

There is ZERO possibility of this joke of a proposed "constitutional amendment" ever getting ratified. Go ahead and let idiot Republicans waste time on garbage like this - if they're wasting their time with this, that's less time they can devote to something that could actually pass and be harmful.

[ProfessorGAC]

18. Let Me Get This Straight

A guy who won with under 50% of the vote will animate the electorate enough that 75% of the states will ratify so he can run again?
Hard to take seriously.

[kentuck]

19. It doesn't matter if he runs for a third term or not...

...because he will be the figurehead in charge, no matter who carries the title of "president", so long as he is still living.

[John Farmer]

20. Maureen Dowd's most recent column

in the NYT floated the possibility that within four years, Trump/Musk will have his/their own AI that will be it's own person under the law and therefore eligible to run for president.

[LetMyPeopleVote]

21. trump is not well and I have trouble seeing him making to another term

Link to tweet

[LetMyPeopleVote]

22. Tamping down the third term hype for Trump

Believe or not, this issue was discussed a while back when there were discussions about Bill Clinton running as vice-president on a Gore-Clinton ticket. The thought was that Gore would resign after the election and President Clinton could serve a third term. This concept was discussed and rejected.

The three ways that trump could run for a third term (i) a constitutional amendment, (ii) trump running as vice president and then have his running mate resign and (iii) trump becoming speaker of the house and then the POTUS and Vice President resigning.

A constitutional amendment is not likely. https://upload.democraticunderground.com/?com=view_post&forum=1014&pid=3380306 It is unlikely that such an amendment could get through congress much less be ratified by the required number of states.

The third option has so many variables that it is also unlikely. trump would have to be appointed/elected as Speaker and then both the POTUS and the VP resign. This option does not have the 12th Amendment issue but has so many variables that it is unlikely

The 12th Amendment is clear that no one can run as VP if they are not eligible to run as POTUS. I agree with the legal analysis set forth below.

Link to tweet

https://electionlawblog.org/?p=149214

As I told the Associated Press:

Derek Muller, a professor of election law at Notre Dame, noted that the 12th Amendment, which was ratified in 1804, says “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”

Muller said that indicates that if Trump is not eligible to run for president again because of the 22nd Amendment, he is not eligible to run for vice president, either.

“I don’t think there’s any ‘one weird trick’ to getting around presidential term limits,” Muller said.

In addition, pursuing a third term would require extraordinary acquiescence by federal and state officials, not to mention the courts and voters themselves.

He suggested that Trump is talking about a third term for political reasons to “show as much strength as possible.”

Now, there’s no question there is potential constitutional ambiguity here, as Professor Brian Kalt has discussed. But scholars like Professor Michael Dorf a quarter century ago were bolstering the idea of a Gore-Clinton ticket in 2000:

Thus, if Clinton were to be elected Vice President, and ascend to the Presidency based on, for example, Mr. Gore’s resignation, then nothing unconstitutional would have occurred. Clinton would have been elected to the Presidency only twice — though he would serve as President thrice. Under the Twenty-Second Amendment, that is perfectly permissible.

. . . But in seeking the Vice-Presidency — a job, in John Nance Garner’s unforgettable phrase, “not worth a bucket of warm spit” — Clinton would hardly be bidding for dictatorial powers.

Similar claims were made by Professor Brian Gray and elsewhere. But in my earlier scholarship, I found this interpretation weaker than the one advanced by Matthew Franck:

It follows from the 22nd Amendment that Bill Clinton, being “constitutionally ineligible” to be elected president, is ineligible to become president by another route. He is, in short, ineligible to be president, and therefore ineligible to become vice president under the 12th amendment.

I agree. But it’s worth noting that if–and I think it’s still a big if–such a gambit arose, there are tremendous complexities in its implementation. Not the least of which is the fact that after Trump v. Anderson, I believe the Court expressly left open the opportunity for states to review qualifications of presidential (and vice-presidential) candidates outside of the 14th Amendment and exclude candidates on that basis. Vice presidential nominations and ballot access deadlines for them occur in late summer, giving an exceedingly truncated window for review–and, frankly, one that may leave a major party without a vice presidential candidate on the ballot in several states with the approval of the United States Supreme Court. (Setting aside, of course, the will power of someone like J.D. Vance relinquishing the presidency.)

I really enjoy Professor Hasen's election law blog. This article made me smile.

Finally, I doubt that trump will live long enough for these options to be necessary.

[LetMyPeopleVote]

23. MaddowBlog-Despite the Constitution, Trump says he's 'not joking' about eyeing a third term

The 22nd Amendment says, “No person shall be elected to the office of the President more than twice.” The incumbent president doesn't fully accept that.

If you're just catching up on news from the weekend, Trump said he's "not joking" about possibly trying to pursue a third term.

The Constitution says, "No person shall be elected to the office of the President more than twice." Trump apparently doesn't accept that. www.msnbc.com/rachel-maddo...

— Steve Benen (@stevebenen.com) 2025-03-31T11:58:35.374Z

If you're just catching up on news from the weekend, Trump said he's "not joking" about possibly trying to pursue a third term.

The Constitution says, "No person shall be elected to the office of the President more than twice." Trump apparently doesn't accept that.

Link to tweet

https://www.msnbc.com/rachel-maddow-show/maddowblog/constitution-trump-says-s-not-joking-eyeing-third-term-rcna198827

This strategy came to mind anew upon hearing the Republican talk about possibly pursuing a third term in the White House. NBC News reported:

President Donald Trump did not rule out the possibility of seeking a third term in the White House, which is prohibited by the Constitution under the 22nd Amendment, saying in an exclusive interview with NBC News that there were methods for doing so and clarifying that he was “not joking.” ... “A lot of people want me to do it,” Trump said in a Sunday-morning phone call with NBC News, referring to his allies.

.....In fact, in his interview with NBC News, Trump was hardly subtle. “I’m not joking,” he said, adding that there are “methods” in which he could pursue such a goal.

NBC News asked about a possible scenario in which Vice President JD Vance would run for office and then pass the role to Trump. Trump responded that “that’s one” method. “But there are others, too,” Trump added. Asked to share another method, Trump simply responded “no.”

Hours after the NBC News report reached the public, the president chatted with reporters aboard Air Force One and dodged a series of questions on the topic, though he claimed that “people” have asked him to run for a third term — which he said would be a fourth term “in a way” because his 2020 race was “totally rigged.” (It was not rigged; he lost fair and square, and he’s been lying uncontrollably about this for more than four years.).....

I won’t pretend to know where this is headed or the degree to which the president is prepared to defy constitutional law. But Scott Cummings, a professor of legal ethics at the UCLA School of Law, made a comment on "The Rachel Maddow Show" on Friday that stood out for me.

Commenting on autocracies around the world that have consolidated power, Cummings noted that in none of these countries “do leaders do all the things that Trump is doing, take aim at all of these independent institutions, and then just walk away.” Rather, the professor added, authoritarians take these steps because they intend “to stay in power permanently.”

trump needs to stay in power and will try to stay in power anyway that he can