Could Trump Attempt an Unconventional Path to a Third Term? Experts Weigh In on Presidential Election Limits

President Trump has stirred up conversations about a possible third presidential term. Recently, while speaking to reporters, he mentioned that he’s "not joking" about the idea and hinted at "methods" that could make it happen. However, a crucial barrier stands in his way: the 22nd Amendment, which prohibits anyone from being elected president more than twice. This amendment was ratified in 1951 after Franklin D. Roosevelt served four terms, breaking the tradition established by George Washington.

To alter the constitutional term limits, a new amendment would require support from three-fourths of the states. Yet, some legal experts believe there are ways to challenge the 22nd Amendment under specific circumstances. William Baude, a professor at the University of Chicago Law School, asserts that the amendment leaves no room for interpretation; a president cannot be elected more than twice.

Trump’s musings about a third term are not new. In fact, he once jokingly floated the idea at a Republican gathering. Recently, it has gained attention again, especially after Democratic Rep. Dan Goldman introduced a House resolution to clarify that the two-term limit applies to Trump, including his non-consecutive terms. This response is part of a broader concern over the potential implications of his remarks.

Interestingly, there’s ongoing debate about a theoretical loophole in the 22nd Amendment. For example, a former president could serve as vice president and then step up to the presidency if the current president were to leave office. Yet, there are counterarguments suggesting that the 12th Amendment may prevent a past president from becoming vice president.

Citing historical precedence, Dwight Eisenhower once hinted at this loophole, suggesting that a former president could run for the vice presidency. Similar debates have emerged over other presidents throughout history, such as Ronald Reagan and Barack Obama. Legal experts like Brian Kalt highlight that while these ideas may seem far-fetched, they reveal vulnerabilities in handling term limits across different nations.

Meanwhile, recent polling indicates that more than 60% of Americans oppose changing the term limits for the presidency, reflecting a public sentiment strongly in favor of the existing rules. This viewpoint suggests that Trump’s comments could provoke significant backlash, further complicating his political future.

Experts warn that any attempt by Trump to flout the 22nd Amendment could lead to polarization and legal disputes. Constitutional law professor Aziz Huq highlights that the current political environment might provide room for the courts to sidestep this issue, placing the power in the hands of states and Congress to enforce the law.

Gloria Browne-Marshall, another constitutional expert, cautions that, should attempts to challenge these limits occur, they could destabilize the political landscape, as the public is likely to resist what they perceive as an encroachment on democratic norms.

In a nutshell, Trump’s recent remarks about pursuing a third term have reopened discussions on presidential term limits. With the mix of legal hurdles, historical context, and public opinion, the path forward remains uncertain.

For more on the history of the 22nd Amendment, visit the National Archives.

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