What Is the Talk about Trump Serving a Third Term?

The topic of discussion for this Constitution Monday concerns the possibility, constitutionality, and morality of Donald Trump running/serving a third term as President of the United States. This topic has been in the news recently because several reporters began asking Trump if he wanted a third term. Virginia Allen posted an article on this topic at The Daily Signal. 

According to Cornell law professor Bill Jacobson, Trump cannot constitutionally run for a third term. However, there is nothing in the U.S. Constitution that prohibits him from serving a third term as president.

The 22^nd Amendment to the U.S. Constitution is clear that no one can be elected to the office of the president “more than twice.”

“But there’s nothing in the Constitution that prohibits someone from serving a third term,” said Jacobson, founder and publisher of Legal Insurrection. If another candidate won the presidential election, and Trump was his or her vice-presidential running mate, that candidate could step aside after winning the race and allow Trump to take over, according to Jacobson, who was quick to add he doesn’t endorse such an action.

While a deal made with a running mate for Trump to serve a third term “does not violate the Constitution,” Jacobson says, it “might violate the spirit of the Constitution.

The intent of the 22^nd Amendment is “that we not have a permanent president,” Jacobson said, adding that because of that, serving a third term “might be subject to challenge,” adding: It might be subject to what was the original meaning of these terms. But on its face, there’s no barrier.

Reporters brought the topic to Trump, but Trump said that he is “not looking at that.” However, this is not the first time that this topic has been brought to a U.S. President.

In October 2023, Howard J. Klein of Lakewood Ranch, Florida, wrote in a letter to the editor of The Wall Street Journal that former President Barck Obama could run as the vice-presidential candidate with then-President Joe Biden. “Mr. Obama would constitutionally succeed to the presidency – without election – if Mr. Biden were to vacate the office,” Klein wrote.

The 22^nd Amendment was added to the Constitution in 1951 in the wake of President Franklin D. Roosevelt’s election to four terms in 1932, 1936, 1940, and 1944. Congress approved the 22^nd Amendment on March 21, 1947, then submitted it to the state legislatures for required ratification. The ratification process was completed on Feb. 27, 1951, when the required 36 of the then-48 states (before Hawaii and Alaska joined the union) had ratified the amendment.

As we can see, it is possible and constitutional for Trump to serve a third term as POTUS without running for the office. However, I do not believe that it would be morally correct because dishonesty would take place at some point along the way.

Reporters would surely ask the presidential candidate if he planned to vacate the office and let Trump become President. If they said yes, at least some of the people would not vote for them. If they said no, at least some of the people would feel betrayed when it happened.

I voted for Trump three times, and I believe that he could go down in history as the “Greatest President of All Time” – especially if the United States annexes Alberta or all of Canada or Greenland or all three. Still, I do not think that he should serve a third term because of his age.

Trump is currently 78 years old and will be 79 in June 2025. This means that he will be 82 going on 83 in January 2029. I think that an 82-year-old man who has already served two terms as POTUS – even a man as energetic as Trump – should be allowed to enjoy his last years in peace.