Donald Trump's Pathways to a Third Term

[Earl]

Donald Trump's Pathways to a Third Term​

By Sean O'Driscoll
Senior Crime and Courts Reporter
Newsweek

President Donald Trump has said that he has not ruled out the possibility of seeking a third term, even though that is prohibited under the U.S. Constitution.

Newsweek sought email comment from the office of Attorney General Pam Bondi on Monday.

Why It Matters​

A legal expert told Newsweek there are a number of routes that Trump could take to legally take a third term. He could become the first U.S. president to serve a third term since the 22nd Amendment was ratified in 1951. That set a two-term limit on all U.S. presidents.

File photo: Donald Trump calls on a reporter to ask a question during a cabinet meeting at the White House on March 24, 2025 in Washington, D.C. Win McNamee/Getty Images

What To Know​

In a phone interview with NBC News on March 30, Trump said there were methods that would allow him to serve a third term and added that he was "not joking."

"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."

"I'm focused on the current," he said.

Donald Trump's pathways to a third term

Vice President JD Vance could help the president get around the United States Constitution, a law professor told Newsweek.

www.newsweek.com

 

[Earl]

Asked if wanted a third term, Trump replied: "I like working."

"I'm not joking. But I'm not—it is far too early to think about it."

"There are methods [by] which you could do it," he later added.

What People Are Saying​

Stephen Gillers, a law professor at New York University, told Newsweek that there are a number of methods by which Trump could seek another term, using the assistance of Vice President JD Vance.

1. The Vance Presidency​

"Trump can be nominated as vice president with Vance nominated to be president, Gillers said. "If the Vance-Trump ticket wins, Vance resigns and Trump becomes president. He then chooses Vance to be his vice president. The Senate would have to confirm Vance," he added.

"There is one possible problem with this tactic. The last sentence of the 12th amendment says: 'But no person constitutionally ineligible to the office of President shall be eligible to that of vice president of the United States,'" Gillers said.

"However, it was written long before the 22nd amendment's two-term limit and probably refers to [minimum] age, 35 years old, and citizenship, naturally born in the U.S., which were and are the constitutional eligibility requirements.

"Further, the 22nd amendment prohibits Trump from 'being elected' president more than twice. But in this sequence, Trump is not being 'elected' president, but vice president."

2. The President/Vice President Resignation​

"The second workaround is this: Vance runs for president and someone else is on the ticket for vice president, maybe Don Jr. They win. Don Jr. quits and Vance picks Trump to be vice president with Senate confirmation," Gillers said.

"So Trump is not 'elected' to anything, not even vice president. Then Vance quits, Trump becomes president, though not through election. He chooses Vance as his vice president with Senate confirmation."

Gillers stressed that he is "just identifying these paths, not endorsing them."

3. A Constitutional Amendment​

Trump could seek to change the U.S. Constitution's ban on a third presidential term.


According to the Office of the Federal Register, "an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures."

Former federal prosecutor Neama Rahmani told Newsweek: "Politically, Trump doesn't have the votes to repeal the 22nd Amendment, either in Congress or the states."

What Happens Next​

Trump said in his NBC interview that he is focused on his current presidential term and that it is too early to decide if he will seek a third term.

However, he was familiar with the method by which Vance could be elected president and resign to make way for Trump.

 

[Earl]

Eight more years!