President Donald Trump departs after signing an executive order at an event to announce new tariffs in the Rose Garden of the White House, Wednesday, April 2, 2025, in Washington. (AP Photo/Evan Vucci)
| Photo Credit: Evan Vucci
The story so far: “I am not joking,” said US President Donald Trump on Sunday (March 29, 2025), in a telephonic interview to NBC News, when asked to clarify why he has not ruled out the possibility of seeking a third term in the White House.
Mr. Trump added, “A lot of people want me to do it. But, I mean, I basically tell them we have a long way to go, you know, it’s very early in the administration.” When NBC asked him how he would go about it, he said, “There are methods by which you could do it.” He ticked off being handed the Presidency by Vice President JD Vance if he had a successful run for office, as one such method. However, when pressed for details of the others, Mr. Trump simply said, “No.”
Analysts in the U.S. are divided as to whether Mr. Trump can pull this off or not. Here’s a look at potential options and feasibility.
Why did the U.S. set term limits?
In 1947, two years after the death of US President Franklin D. Roosevelt (FDR) while he was serving his fourth term, it was first proposed that term limits be instituted on the Presidency.
Seeking stability during the Great Depression and the Second World War (WW-II), FDR was the first President who had successfully been elected to a third consecutive term in 1940. Powered by the success of the US and its allies over the Nazi regime in WW-II, FDR managed to be re-elected again in 1944. However, a mere three months after he took oath on January 1945, he died while in office. FDR remains the only US President to serve four terms.
Lawmakers across the political spectrum argued that it was necessary to keep a check on abuse of power and the US Congress passed the 22nd Amendment in 1947. It was ratified in 1951.
What does the 22nd Amendment state?
The amendment states, “No person shall be elected to the office of the President more than twice.” It also adds that “No person who has held the office of 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 second clause gives power to an ‘unelected President’ such as a Vice-President taking over in case of resignation or death of a President to run only once for office, if he completes more than two years of his predecessor’s unfinished term.
However, scholars have debated if this could open the doors to Mr. Vance handing over power to Mr. Trump after a successful run. Constitutional scholar Bruce G Peabody has stated the direct reading of the 22nd Amendment ‘really restricts only individuals who are acquiring the office through being elected.’
Mr. Peabody has cited the 12th Amendment in his paper to argue against a possible third run for office. “No person constitutionally ineligible to be president can be vice president,” states the article. Hence, Mr. Trump’s chances of being a potential running mate for Mr. Vance seems slim. Any such interpretations would potentially be challenged in court.
Can the 22nd Amendment be revoked?
A constitutional amendment in the US is difficult due to the close power balance in the Congress and the Senate. For any constitutional amendment to be passed, it has to be passed by a two-thirds majority in the both the House of Representatives and the Senate. It can then be sent to the State legislatures for ratification. Once three-fourths of these States ratify it, the amendment is accepted to the Constitution.
Currently, the Republicans have a wafer-thin majority in the 100-member Senate, with 53 senators, and an even slimmer majority of 220 representatives in the 435-member House. Passage of a major constitutional amendment would thus be very difficult without bipartisan support.
Moreover, Republicans control 28 of the 49 state legislatures, which amounts to only 57% of the total. Three State legislatures are divided, i.e., State House and Senate, are controlled by opposing parties. Repealing the 22nd amendment hinges on massive gain in Republican power in the States, House and Senate.
The other way for a constitutional amendment is if Congress calls a national convention applied for by two-thirds of the States, i.e., 33 states. However, the Article has to be ratified by 38 of the 49 state legislatures. This option has never been used in US history.
The last amendment to the US constitution was made in 1789 which allowed laws made to increase or decrease the salary of members of the US Congress to go into effect only after the next election to the US House of Representatives takes place.
Published – April 03, 2025 08:42 pm IST