In a previous article, I called Donald Trump a king.
This week, he decided that was a fitting title.
Last Sunday, in an interview with NBC news, Trump claimed he was “not joking” about running for a third term as U.S. President. Although Trump acknowledged it was much too early in the administration to vie for another presidential run, he confirmed it was possible.
Is that constitutional?
Running for a third presidential term is explicitly banned by the 22nd Amendment of the U.S. Constitution.
Unlike the contested nature of the 2nd or 14th Amendments, the 22nd Amendment leaves no gray area in its interpretation. The statement “no person shall be elected to the office of the President more than twice” sets a clear boundary on presidential power.
The 22nd Amendment is not flawless — constant presidential turnover contributes to stagnant ends during second terms and political instability. Despite its shortcomings, however, the amendment prevents any president from misusing their position. As executive power has been on the rise since Sept. 11, 2001, protections against the abuse of power are essential.
Changing term limits through a constitutional amendment would require approval from three-fourths of the states – an unlikely scenario. However, when confronted with this reality, President Trump claimed there are “methods” to work around the 22nd Amendment.
During an interview with NBC, Trump said it was possible that Vice President J.D. Vance would run for president and then pass along the role to Trump. Legal scholars find this “loophole” implausible and doubt that Trump can feasibly run for a third term. Trump added that there were other methods to defy the 22nd Amendment but declined to share them with NBC News.
The history of term limits (& lack thereof)
Franklin Delano Roosevelt was the first — and last — president to serve more than two terms. Roosevelt believed that by remaining in office during the tumult of the Great Depression and World War II, he could stabilize the nation.
Following Roosevelt’s death during his fourth term, Congress solidified this tradition through the ratification and passage of the 22nd Amendment in 1951. Now that the two-term limit is enumerated in the Constitution, any break in precedent would jeopardize the norm.
Term limits are a recent addition to the Constitution but have long been a robust tradition. Before Roosevelt’s third term victory in 1940, presidents adhered to a two-term limit, though not constitutionally bound by this rule. George Washington, the first President of the United States, established this precedent in his Farewell Address. Instead of running for a third term, Washington declined, opting instead to retire and step down as president. While Washington could make another presidential run, he emphasized the importance of the peaceful transition of power.
Trump already disregarded that piece of Washington’s speech — why not disregard another?
Is Trump serious?
As Trump said himself, it’s too early to tell whether he will make another presidential run. Even if Trump found a way to run for a third term, he would still have to campaign — and win.
Also, I’m not sure the bright red MAGA hats have room for “Make America Great Again… And Again… And Again!”
While the thought of an 88-year-old Donald Trump energetically hitting the campaign trail in 2028 seems rather unorthodox, Trump isn’t known for playing by the rules. Trump likened himself to a king in a social media post, blatantly defying the nation’s history of democracy and freedom from tyrannical rule. He challenged the 14th Amendment’s guarantee of birthright citizenship, going against centuries of legal authority. If that is not enough proof that Trump disregards law and order, I can think of 34 other examples.
Maya Angelou, a famous poet and Wake Forest University professor, once said, “When someone shows you who they are, believe them the first time.” Donald Trump told America he is a king. I chose to believe him the first time.
