Can Trump Run Again? The 22nd Amendment Says No

By Marlene Reiss, Scottsdale North Field Director

Hi Everyone! We may have met at one of our SN Saturday morning coffees . A question that I hear all the time is whether Trump can serve a third term, which he “jokes” about constantly and as recently on “Meet the Press.”

By now, those of us who live in reality know enough to take him at his word, and know that he never “jokes” about anything. So, in answering the question “he can’t do that, can he?” I always say, “Well, no, not legally, but that doesn’t mean he won’t try.”

The 22nd Amendment to the U.S. Constitution is clear: “No person shall be elected to the office of the President more than twice, …” That 1947 Amendment was ratified in 1951, following FDR’s four-term presidency from 1933 to 1945, (he died during his fourth term.)

Ironically or should I say, hypocritically, it was Republicans who moved to establish constitutional term limits, “to insure against the overthrow of our American system of government” arguing that the presidential term limit would help safeguard the country from dictatorship. I know.

So, why does Trump keep suggesting that he can serve a third term? Here’s the plan, far-fetched as it is. It starts with a successful Vance/Trump ticket in ‘28 (God forbid.) Vance would win the presidency, resign, and V.P. Trump would then serve a third term.

Here’s the problem. The 12th Amendment says “no person constitutionally ineligible to the office of president shall be eligible to that of vice-president of the United States.” Since, after two terms, Trump is constitutionally ineligible to run for president, he’s also ineligible to run as vice-president.

Foiled again! But, knowing Trump, just because something is unconstitutional doesn’t mean he won’t do it or, at least, try.

Then, there’s a highly unlikely Plan B that’s been unsuccessfully tried dozens of times. The legislature can propose to amend the Constitution (repeal the 22nd Amendment) with a 2/3 vote by both the House and the Senate. Thankfully, that’s literally impossible with the current razor thin margins in both chambers. But, assuming it were possible, the proposed amendment would then have to be ratified by 3/4 of the state legislatures. That’s 38 state legislatures.

Alternatively, 38 states could hold ratifying conventions to approve the amendment. That’s only been done once, to repeal Prohibition. Trust me, if it were easy, Republicans would do a lot more to the Constitution than amend it to allow Trump a third term.

Nonetheless, only three days after Trump’s inauguration, sycophant Andy Ogles (R-Tenn), introduced a resolution to amend the Constitution to provide Trump a pathway to a third term. Ogles argued that Trump needed “more time” to accomplish his agenda and reverse Biden administration policies. That went nowhere. Notice how the wording is conveniently tailored to allow only Trump, and not the other living former presidents each of whom served two consecutive terms, to seek a third term?

One thing we know for sure, he can’t secure himself a third term by executive order! We live in strange times indeed. Stay tuned.