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Wednesday, Apr 02, 2025

Trump's Third Presidential Term: A Constitutional Challenge

The 22nd Amendment complicates Donald Trump's ambition for a third term in office.
Washington D.C. – Donald Trump has publicly asserted his interest in pursuing a third term as President of the United States, declaring that he is not joking about this ambition.

The former president, who is 78 years old, stated in an interview that there are 'methods' by which this could be achieved.

However, the 22nd Amendment to the U.S. Constitution poses significant legal obstacles to such aspirations.

The precedent for presidential term limits was established by George Washington, who voluntarily stepped down after two terms.

This norm was codified in the 22nd Amendment, which was ratified in 1951 after having been proposed in 1947. The amendment states, 'No person shall be elected to the office of the President more than twice.' Additionally, it restricts individuals who have served more than two years of a presidential term to only one elected term.

Franklin D. Roosevelt is the only U.S. president to have served more than two terms, winning elections in 1932, 1936, 1940, and 1944. He passed away in office on April 12, 1945. Other presidents, such as Ulysses S. Grant and Theodore Roosevelt, have sought third terms but were unsuccessful in their bids.

Trump has the unique distinction of being the second president to serve non-consecutive terms, having been elected in 2016, losing to Joe Biden in 2020, and regaining the presidency in 2024. The first was Grover Cleveland, elected in 1884, defeated in 1888, and again victorious in 1892.

In response to questions about how he might navigate the restrictions of the 22nd Amendment, Trump provided vague assertions about potential scenarios, including a hypothetical situation where his running mate, J. D. Vance, could succeed him and later allow Trump to run as vice president.

However, the 12th Amendment adds further complications, stating that 'No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President.'

In January 2023, Rep. Andy Ogles of Tennessee introduced a resolution in the House of Representatives aimed at enabling former presidents who have served non-consecutive terms to run for a third term; however, its likelihood of passage is considered low.

The Constitutional Convention option for amending the Constitution is viewed as similarly improbable.

As of January 2029, Trump would be 82 years and seven months old, making him the oldest president in U.S. history to conclude a second term, surpassing Joe Biden, who was 82 years and two months old at the end of his term.

Despite the legal challenges associated with the presidential term limit, recent betting odds have shown an increase in speculation regarding Trump's chances of attaining a third term, moving from ten to one to six to one, placing him second behind Vance in the potential candidates for the presidency.
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