Donald Trump has sparked controversy by suggesting the possibility of seeking a third term as President of the United States. Though the 22nd Amendment, which limits presidents to two terms, would make this impossible for any other leader, Trump has suggested he would like nothing more. This has led to speculation as to the constitutional implications and the historical precedent of such a move.
The 22nd Amendment was ratified in 1951, but the two-term limit on the presidency had been a long-time tradition before it became formalized. That tradition goes back to 1796 when George Washington voluntarily relinquished power after two terms in office. For more than 140 years, this precedent went mostly unchallenged. Then came Franklin D. Roosevelt’s third-term victory in 1940 — the third-term precedent broke during the Great Depression and WWII. Roosevelt’s presidency continued until his death in 1945, thus completing his fourth term in office. This episode mostly inspired Congress to institute the two-term limit with the 22nd Amendment.
Trump’s Statements and Potential Challenges
Donald Trump himself has teased the possibility of the third term for months now. Recently, he acknowledged this possibility, stating unequivocally:
“No, I’m not joking.” – Donald Trump
This vague pronouncement has led to much speculation and rumor about whether or not he will run for re-election in upcoming election cycles. If Trump were to run a third time, in the 2028 presidential contest, he would be 82.
Legal and Constitutional Hurdles
The U.S. Constitution’s 22 nd Amendment limits presidents to two four-year terms, no matter if they are consecutive or not. It would take a massive act of legal overturn to make this amendment void. That takes a two-thirds majority, of course, in both the House and Senate. Furthermore, it requires ratification by three-fourths of the 50 U.S. states.
Steve Bannon, a former advisor to Trump, mentioned that Trump’s team is exploring ways to reinterpret the definition of term limits to facilitate a third term. Reaching a goal like that would be an extraordinary legal feat.
Historical Context and Future Implications
The concept of a third presidential term is thus not as alien an idea as one might think. As Franklin D. Roosevelt’s presidency through very chaotic times helped earn him his own third and fourth terms. Yet his term also made the case for short presidential terms, so short in fact that it resulted in the next ratification, the 22nd Amendment.
