Can Trump serve a third term? What to know because he says he is not kidding about trying

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President Donald Trump told NBC News on Sunday that he was not joking about the search for a third term, which would be prohibited by the Constitution, but Trump could try to test the restrictions using legal shortcomings.

Donald Trump is sworn in as 47th President of the United States in the Rotunda of the American Capitol in … More Washington, DC, January 20

AFP via Getty Images Key Made

Trump did not exclude the possibility of running for a third term on Sunday, saying to meet the press that he focused on the current and very early in the administration, but many people would like me to run for a third term and he likes[s] functioning.

Trump said that he did not joke when he made repeated comments suggesting that he might want to stay in power for a third term, saying before that the legislators of the GOP after his election, I suspect that I will no longer run out unless you say, it is so good that we must understand something else and tell the members of the National Rifle Association in May, are we so good?

Trump argued that the 22nd amendment prohibits the third mandate only after a president serves two consecutive terms that Trump could operate for the third time because there was a gap of four years between his first and second mandates, but there is nothing in the text of the 22nd amendment which supports this interpretation.

Trump told Welker on Sunday that there are methods he could use to have a third term, agree with the host when she noted that he may be possible for Trump to present himself as vice-presidential candidate in 2028, then for whom who elected president to resign, making the president of Trump.

He refused to develop all the other methods he could use to serve a third term.

Rep. Andy Ogles, R-Tenn., Previously introduced to resolution to amend the Constitution and permit Presidents to serve Three Terms if the first two werent consecutive, the way for a third trump terror that virtually certain to fail: even if it were to have support from a majority of lawmakers in the house and Senate, constitutional amendments can only pass with a Two-Thirds Majority in Both Chambers, which is Highly Unlikely Given the narrow majority of the GOP.

If they go through the congress, constitutional amendments must also be approved by at least three -quarters of all states which are also guaranteed not to occur in this case, since states with democratic majorities would be very unlikely to support Trump's third term.

Crucial quote

I'm not kidding. I’m not kidding, Trump said Welker when he was asked to serve him a third term, but added, he’s too early to think about it. He was also not committed when he was asked if he would go over to Vance and let his vice-president run in 2028 instead, saying, oh I can too early … to think about it.

What does the 22nd amendment say?

The 22nd amendment, with regard to currently, expressly prevents the presidents from being elected to more than two mandates, declaring: no one should be elected to the president's office more than twice, and also specifies that no one who served as president without being elected vice-president who takes care of employment for more than two years cannot be elected more than once.

How could Trump serve a third term?

Although the 22nd amendment very clearly indicates that the presidents cannot be elected to a third term, he does not explicitly say that they cannot serve a third mandate, giving way to certain legal shortcomings that Trump could try to exploit. In an article in 1999 for the Faculty of Law of the University of Minnesota, the legal researchers Bruce G. Peabody and Scott E. Gant noted that the Constitution would not explicitly prohibit a scenario where a president with two mandates could return to the White House without being elected if the president still lies in the succession line. As Welker suggested to Trump, it means that it may be possible for Vice-President JD Vance or another Trump ally to present himself to the presidency in 2028 with Trump as a running mate, then take office, resign the post so that Trump can be president in place. Trump did not engage in this Welker scenario, saying only that when she mentioned the possibility, well, it is a [method]. But there are also others. There are others. This scenario has never been tested in practice and would be sure to face judicial disputes, because criticism could affirm that it is in conflict with the 12th amendment, which declares, no person is constitutional ineligible to the office of president will be eligible for that of the vice-president of the United States. But Peabody and Gant noted that he could technically be authorized, writing that, although political and popular expectations discourage the presidents from serving a third term, whatever the reluctance to sanction a reassignment of the presidency, one day being tested and ultimately overcome.

What did the Trump prosecutor general said about him at the service of the third term?

Trump's general prosecutor, Pam Bondi, confirmed during her Senate confirmation hearing that Trump is unable to present himself for a third term under the Constitution as it is currently. When asked if Trump was authorized to introduce himself for a third term in 2028, Bondi replied, no senator, unless they change the Constitution.

Tangent

Pushing for a third term would put Trump in accordance with other controversial world leaders who have managed to challenge the limits of the term. Russian President Vladimir Putin stayed in power in 2008 after his last mandate ended up being elected to the post of Prime Minister with his close ally Dmitry Medvedev as president, whatever the law that has changed to allow longer presidential terms. Putin was reintegrated as president in 2012 and has remained in power since then, signing laws in 2021 which will maintain him eligible to serve at least 2036. The Chinese president Xi Jinping was elected to a third term in 2023 after his constitution of chinas modified by the government to get rid of the limits of the existing term, opening the path for the Chinese chief to potentially serve life.

Key

The 22nd amendment was adopted by the Congress in 1947 and ratified by the States in 1951, after President Franklin Delano Roosevelt challenged the traditional conditions of the previous presidents having been elected four times. While President George Washington set the previous one for presidents only serving two mandates when he left his duties in 1796, nothing was officially codifying these mandate limits in federal law before the 22nd amendment was ratified. Trump launched the possibility of a third term since his first mandate, saying during a September 2020 rally after winning a second term, negotiating well, right? Because we were probably based on how we were treated, we are probably entitled to four others after that. Welker questioning Trump about a third term came after Trump's allies as former advisor Steve Bannon publicly launched the possibility, with Bannon recently by saying that he and other Trump allies worked on plans for Trump to take place in 2028. I think that having some alternatives. Let's say that. See well, said Bannon. Were not ready to talk about it publicly, but a few months, I think we will.

Upon reading

The republican of Tennessee offers an amendment to allow Trump to serve the third term (the hill)

Presidential terms and mandates: Perspectives and proposals for change (Congressional Research Service)

The president twice and future: constitutional interstices and the twenty-second amendment (University of Minnesota Law School)

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