A loophole in the Constitution could allow Trump a third, and even fourth, term, some experts argue
Several of Donald Trump’s supporters have suggested he should be able to serve a third term, and a loophole in the Constitution could make that a reality.
Since 1951, presidents have been limited to just two terms in the Constitution. The 22nd amendment was ratified after President Franklin Roosevelt served a third term amidst World War II, the only president to have done so.
In January, a Republican house representative proposed a joint resolution that would allow Trump to run again, stating a president could serve a third term if they have not served two consecutive terms. While that resolution has yet to gain traction, Trump may not need it.
There is one way Trump could become president again, some claim. It’s debated among academics that the wording of the 22nd amendment may not prohibit a past president from becoming vice president.
In January, a GOP lawmaker proposed a resolution suggesting a president could have another go at the White House if their terms weren’t consecutive. It hasn’t gained much traction, but Trump might not even need it. Some experts claim that the 22nd amendment’s phrasing doesn’t actually stop an ex-president from stepping up as vice president, reports the Irish Star.
There is one way Trump could become president again, some claim. It’s debated among academics that the wording of the 22nd amendment may not prohibit a past president from becoming vice president.
The amendment reads: “No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once.”
The loophole was originally introduced in a 1999 Minnesota Law Review article from Bruce Peabody and Scott Grant titled ‘The Twice and Future President’. It explains how the wording, which specifies that a person can’t be “elected” more than twice, doesn’t rule out a transfer of power between president and vice president.
The authors wrote: “We contend that the Twenty-Second Amendment proscribes only the reelection of an already twice-elected President.”
JD Vance could help Trump secure a third term
In 2028, a ticket could feature JD Vance and Donald Trump as president and vice president. Under the theory, if Vance were then to resign or be removed from office, Trump could hypothetically serve again. The duo could do this twice, letting Trump serve until 2037.
In that instance, Trump wouldn’t be elected again, but instead, he would reassume office after the resignation of another president.
Not all experts agree with the legitimacy of this loophole. Some say the wording in the 12th amendment prohibits a former president from becoming vice president.
The last sentence in that amendment reads: “But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”
Another route would be to become Speaker of the House, another non-elected position and the third in line for presidency under the Succession Act, according to the Constitution Center. Speaker of the House is usually chosen among elected representatives, but nothing in the Constitution says that has to be the case.
If this hypothetical ever became a reality, it would be up to the Supreme Court, stacked with multiple Trump appointees, to interpret the Constitution. (The Mirror)