Trump’s Quest for a Third Term: Examining the Constitutional Impediment and Legal Issues

By Poonam Sharma

Former President Donald Trump, in a recent NBC News interview, made waves by stating that he could seek a third term in the White House. Trump, the 45th president of the United States between 2017 and 2021, has publicly declared that he is serious about discovering a means of circumventing the legal limits that bar a U.S. president from serving more than two terms. His remarks have revived debate regarding the provisions of the U.S. Constitution and whether there could be a legal route for him to circumvent the two-term limit.

The main legal barrier in Trump’s path is the 22nd Amendment to the U.S. Constitution. Adopted in 1951, the 22nd Amendment was intended to restrict a president to two terms. In particular, it provides: “No person shall be elected to the office of the President more than twice.” This was a reaction to Franklin D. Roosevelt’s record four terms as president, which had provoked fears of executive branch power centralization. Following Roosevelt’s death in 1945, there was widespread agreement that such a lengthy presidency could be injurious to the democratic ideals of the nation.

But Trump’s comments last week indicate he is not yet willing to accept this constitutional restriction as absolute. In his interview with NBC News, Trump was frank in declaring that he was “serious” about considering possibilities that could enable him to run for a third term. While the 22nd Amendment is seemingly unequivocal in its purpose, Trump’s announcement has unleashed a torrent of speculation over the possibility of courtroom challenges or even moves to revise the Constitution.

The 22nd Amendment is perhaps the most straightforward and explicit provision in the U.S. Constitution concerning the presidency. It was enacted following Roosevelt’s four terms, mainly to ensure that no future president serves for a long time. The amendment also has a significant clause that restricts any person who has served more than two years of a term from serving more than one other term. This would hold that if a president came into office halfway through due to the death or resignation of a predecessor, he or she would be eligible to serve only two terms, even if the predecessor had not served out the full term.

For Trump, the 22nd Amendment is an obvious barrier. He has already completed a full term as president, and therefore, based on the present provisions of the Constitution, he is disqualified from running for office again after the 2024 election, in case he loses or wins and serves another term. His point, though, appears to be that there could be legal means of evading this amendment—maybe by contesting the interpretation of the amendment or even by trying to repeal it outright.

The chances of Trump circumventing the 22nd Amendment by legal means are doubtful, but not beyond hope. There is skepticism among legal minds whether there is any valid loophole which he can use to run for a third time. Trump has a history of using unorthodox methods in addressing legal as well as political issues, and his lawyers are said to be looking at options.

One possibility for Trump would be a reinterpretation of the 22nd Amendment. For example, some legal experts have theorized that Trump might claim that the amendment only applies to those elected for two complete terms. As Trump was only elected to one complete term, he might attempt to claim that he is entitled to another term, based on the exact language of the amendment. But this would be a hard sell, since the language of the amendment is usually taken to be clear in prohibiting any individual from serving more than two terms.

A second option is that Trump might try to start a constitutional amendment to reverse the 22nd Amendment outright. This would take a lot of political backing, which would not be easily forthcoming in the polarized political climate of today. Repealing a constitutional amendment is extremely challenging and complicated, necessitating a two-thirds majority vote in both Congress chambers and ratification by three-fourths of the states. In the present political environment, it is unlikely that such a repeal would find the requisite support.

Trump’s comments regarding running for a third term are also noteworthy in the larger context of American political norms and traditions. The United States has a long tradition of peaceful transfer of power and adherence to the constitutional principles that restrict presidential terms. Although Trump has been a very polarizing president, undermining the very principles of U.S. democracy would have far-reaching implications, not just for his political career but for the nation as well.

Furthermore, any attempt to challenge or get around the 22nd Amendment would unleash a national discussion about the limits on presidential terms and the accumulation of power in the executive branch. The Founding Fathers, when they wrote the Constitution, were acutely conscious of the dangers of a long-term, powerful president. The 22nd Amendment was meant to counteract these risks by preventing any one person from ever holding the presidency for more than an extended period, thus strengthening democratic values and avoiding authoritarianism.

Although Trump’s hint at a third term would have been impossible with the present constitution, his remark has triggered greater interest in rekindling debate on the imposition of presidential term limits. Regardless of whether or not Trump might be able to overturn the 22nd Amendment, his taking up of the idea proves an indication that Trump remains powerful and influential in America’s politics today and wants no less than staying at the fore of political actions.

As the 2024 election cycle unfolds, it is probable that Trump’s political and legal strategies will be followed closely. His comments regarding running for a third term are not likely to be a political stunt, but an indication of his overall ambitions to reconstitute American politics. Whether he can overcome the constitutional hurdle or whether his plans will continue to be a remote probability is a question that will keep both his detractors and supporters guessing.