U.S. President Donald Trump has suggested the possibility of a third term, noting that "there are several possibilities." Attention is drawn to the likelihood of this third term becoming a reality. Foreign media reported that President Trump is aiming for a succession rather than an election, stating, "It’s not impossible."
According to the Wall Street Journal (WSJ) on the 1st (local time), the 22nd Amendment to the U.S. Constitution explicitly prohibits a third presidential term. This provision, ratified in 1951, states, "No person shall be elected to the office of the President more than twice." This was introduced under the leadership of the Republican Party to prevent a recurrence after Democratic President Franklin D. Roosevelt served four terms and remained in office for over 12 years. Consequently, President Trump cannot run for president in the 2028 election in principle.
To repeal this in Congress, approval from two-thirds of both the House and Senate is required, followed by ratification from three-fourths of all states. Currently, the Republican Party has not secured support close to that level.
◇ If elected president is not possible, bypass through succession
However, winning the election is not the only way. According to WSJ, it is possible to challenge for the presidency again through a "succeeding" method that does not involve being elected according to the Constitution.
President Trump also pointed to the "running mate strategy" as a way to challenge for a third term. The current Vice President, J.D. Vance, might run for president while President Trump would run as the vice presidential candidate. If Vice President Vance is elected president and steps down, the scenario sees President Trump, who has become vice president, succeeding to that position.
If becoming vice president is difficult, being appointed as Secretary of State to succeed is another option. WSJ reported, quoting Professor Achille Reed Amar of Yale University, that if the next president appoints President Trump as Secretary of State, the Secretary of State could succeed the presidency if both the president and vice president resign. WSJ noted, "Federal law excludes individuals who are not qualified for the presidency from succession, but this could be changed through general congressional law amendments."
◇ Constitutional interpretation, opinions vary among scholars
However, this also poses constitutional issues. The 12th Amendment states that those who are unqualified for the presidency are also unqualified for the vice presidency. Therefore, it could be interpreted that Trump, having been elected twice, is also disqualified for vice presidency. Constitutional scholars like Matthew Frank have stated to WSJ, "This scenario is impossible."
However, there are views suggesting that presidential succession could be possible depending on interpretation. A paper published in the Minnesota Law Review in 1999 pointed out that the wording of the 12th Amendment is ambiguous. Bruce Pivody, a co-author of the paper and a political science professor at Fairleigh Dickinson University, argued, "It is difficult to conclude that President Trump cannot serve more than eight years as president if one looks at the constitutional text, history, and interpretation as a whole."
Meanwhile, this is not the first instance of President Trump aiming for a third term. Former President Dwight Eisenhower had also contemplated running for vice president in 1960. He claimed at the time that he received confirmation from the Justice Department that it was legal, but the Attorney General denied this through the media decades later.