‘Well, that’s one,’ Trump said recently. ‘But there are others too.’ Here’s what the Constitution says
’Well, that’s one,’ Trump said recently. ‘But there are others too.’ Here’s what the Constitution says
‘Well, that’s one,’ Trump said recently. ‘But there are others too.’ Here’s what the Constitution says
U.S. President Donald Trump is once again talking about serving more than two terms in office. In a phone interview with NBC’s Kristen Welker on the weekend, he told her: “A lot of people want me to do it, But we have— my thinking is, we have a long way to go. I’m focussed on the current.”
When she asked if he had been presented with plans, he said: “Well, there are plans. There are — not plans. There are, there are methods which you could do it, as you know.”
To her request to confirm whether or not he was joking, Trump answered: “No, no I’m not joking.” But is he? Here’s what to know.
What does the U.S. Constitution say about a third term?
The 22nd Amendment, which was ratified in 1951, is very clear on the matter: “No person shall be elected to the office of the President more than twice.”
It also adds that no one who has held the office for more than two years of a term to which some other person was elected may be elected to the office of the President more than once, suggesting that a vice-president who moves into the role can’t be elected more than one more time. (A grandfather clause, allowing then-president Harry S. Truman to run for a third term, became moot when he decided not to do so.)
Is there any way around that law?
Welker asked Trump if one potential avenue to a third term was having Vice President JD Vance run for the top job and “then pass the baton to you.”
Trump responded: “Well, that’s one,” adding: “But there are others too. There are others.” When Welker asked him to tell her another, he replied: “No.”
Does the Constitution prohibit ‘passing the baton’?
It does. The 12th Amendment, ratified in 1804, clearly states that “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.” Combined with the rule of the 22nd Amendment, it would mean that Trump cannot run for the office of vice-president either.
(It should be noted that “baton passing” is not in itself illegal. The rules state that the president may be replaced if she or he becomes incapacitated, dies, resigns, is unable to hold office or is removed from office. Resignation is therefore allowed, with no other reason needed.)
Is there any way around that other law?
The Presidential Succession Act, signed by Truman in 1947, lists 17 successors in the event that both the president and vice-president were to leave office during their term. First on the list is Speaker of the House. The incumbent in that position is Mike Johnson, a Representative from Louisiana.
Were Trump to hold that position, the incoming president and vice-president could presumably do a double-baton-pass to him. He would not even need to be elected to the House of Representatives. A Congressional research paper from 2017 notes: “There is no requirement that the Speaker be a Member of the House,” adding: “None of the other officers of the House is a Member.”
Can the Constitution be changed?
Yes. But it requires a two-thirds vote in both houses or a constitutional convention called for by two thirds of state legislatures. Neither is likely given the roughly even balance of power between the two parties. Only one federal U.S. constitutional convention has ever been called, in 1787.
What has been the reaction in Washington?
Critics were quick to take umbrage with the idea. Dan Goldman, a Democratic Representative from New York, tweeted: “This is yet another escalation in his clear effort to take over the government and dismantle our democracy. If Congressional Republicans believe in the Constitution, they will go on the record opposing Trump’s ambitions for a third term.”
Jasmine Crockett, a Democratic Representative from Texas, noted: “So, that’s actually not allowed … The Constitution isn’t optional, sir. This isn’t a reality show — it’s reality. Two terms, that’s it.”
And Brian Stelter, a media analyst with CNN, noted: “Trump’s stated premise about seeking an unconstitutional third term is predicated on his popularity, which he wildly exaggerates.” He added poll numbers to show his point.
Is this the first time Trump has raised this point?
No. Shortly after winning the election, he told a group of House Republicans: “I suspect I won’t be running again, unless you do something,” adding: “Unless you say, ‘He’s so good, we have to just figure it out.’” It was reported at the time that he floated the idea as a joke.
He has brought it up again since then, and also many times before then. In 2020 he told supporters who were chanting for four more years: “We are going to win four more years. And then after that, we’ll go for another four years because they spied on my campaign. We should get a re-do of four years.”
News organizations took that one more seriously. CNN’s Daniel Dale noted at that time: “Trump has modified how he talks about staying in office beyond two terms. He used to frame it as a pure media-trolling, libs-triggering joke; this week, he’s been offering an actual reason why he should get more time in office.”
A year before that, he tweeted about his time in office, already imagining a second term: “Do you think the people would demand that I stay longer?”
And in 2016 CNN reported that during a closed-door event in Mar-a-Lago he praised China’s President Xi Jinping for extending his potential tenure.
“He’s now president for life,” Trump said, adding: “I think it’s great. Maybe we’ll have to give that a shot some day.”
If Trump were able to run for a third term, could Barack Obama?
Yes. Obama could presumably set up a baton pass in the same manner that Trump has discussed.
There’s also an attempt being made by a Tennessee congressman to change the constitution to allow for a third term for any president who has not served two consecutive terms. In the unlikely event of that change being made, it would rule out Obama but not Trump.
Is age a factor?
Maybe. Trump is already the oldest president to take office, about four months older than Joe Biden was when he was sworn in. If he completes this term, he’ll be 82 and the oldest president ever. Another term would bring him to 86.
It’s not an unheard-of age for a world leader — Queen Elizabeth ruled until she was 96, Pope Francis is 88, and Paul Biya, president of Cameroon, just turned 92. He’s been in office since 1982, when Trump was just 36 years old. It was just five years later that Trump first floated the idea of becoming president himself.
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