How can Trump legally serve a third term?

Question

I read on Donald Trump assures that he is "not joking" about the possibility of running for a third term (title Google Translated from French) that Trump is considering serving a third term as president. How can he legally do so?

Answer 1

No election to a third term

He cannot be elected to a third term. See the Twenty-second Amendment:

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as 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. ...

Open question about succeeding to the Presidency from Vice President

There is an open question about whether a person who has previously been elected twice as President could nonetheless be elected or appointed Vice President, and thereafter be able to succeed to the office of President. The Twelfth Amendment only says that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President." It has not been decided whether the Twenty-Second Amendment makes a person ineligible for the office of the President or only ineligible from being elected to that office.

See generally, The Constitution Annotated, "Overview of the Twenty-Second Amendment." See also Dan T. Coenen, "Two-Time Presidents and the Vice-Presidency" (2015) 56 Boston College Law Review 1287 (who argues this path via is available via the Vice Presidency or even from further down the chain of succession under the Presidential Succession Act; this article also considers the "eligible"-means-"electable" argument at pp. 1295–1300).

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The above answer is based on the current law. If the Constitution were different, the answer would be different. There are other Q&As on this site that explain how the United States can amend their Constitution.

Answer 2

It would only take an amendment to the US constitution.

(Or to be more specific the repealing of the 22nd amendment)

Something which requires widespread national consensus to do and has only happened 27 times since 1788.

It is unlikely that such a amendment would get any support from the democrats as he is well loathed among them.

So if all legal avenues fail a coup d'etat would be the only way.

Answer 3

He could become Speaker of the House of Representatives

President Trump cannot run for president a third time, because the twenty-second amendment to the constitution declares that no one can be elected to the position three times.

President Trump cannot run for vice-president, because the twelfth amendment declares that no one is eligible to be elected vice president unless they are eligible to be elected president.

The twenty-fifth amendment specifies an order of succession to the presidency in which the first successor is the elected vice president and the second successor is the speaker of the house. There is no amendment limiting who can become the Speaker of the House of Representatives.

So, theoretically, if he were appointed Speaker of the House and both the President and Vice President left office, he would become President.

Answer 4

The answer from "Jen" comments on interpretation of the 12th Amendment, but I think it omits something essential.

Several people have pointed out that the 22nd Amendment says "No person shall be elected to the office of the President more than twice," and that changing the Constitution requires ratifications of 38 of the 50 states after Congress proposes the change.

Jen's answer mentioned that the 12th Amendment says "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."

What is missing is that the meaning of the word "eligible" at the time when this was written has been forgotten. That word fits into a pattern:

corrigible = able to be corrected

negligible = able to be neglected

dirigible = able to be directed

eligible = able to be elected

(I've seen it suggested that "tangible" also evolved from earlier language in the same way, but although the words "tactile" and "contact" are used today, one wouldn't say "able to be tacted" in English as we know it.)

One data point showing the way in which the word "eligible" was understood in earlier times is in the Confederate Constitution, which provides that after the Confederate president serves a six-year term, he is not "reeligible" (the prefix "re-" in front of "eligible").

So the 12th Amendment meant if you can't be elected president then you can't be elected vice-president.

The reason this was not in the Constitution before the 12th Amendment became effective in 1804 is that before that, the electors did not vote for vice-presidents, but only for presidents: the candidate who came in second in the electoral vote became vice-president. It needed to get changed because a two-party system had developed, so that the president and the vice-president were always from opposing political parties.

Postscript: Johnson's Dictionary, published in England in 1755 was the first-ever comprehensive dictionary of English. Its definition of eligible is "fit to be chosen; worthy of choice; preferable."

https://archive.org/details/johnsons_dictionary_1755/page/n689/mode/2up?q=eligible

Answer 5

The path to a third presidential term that has been advocated skirts the 22nd Amendment as far as I can tell. A figurehead runs as president with a former sitting two-term president obtains a position that is inline for succession. Example: appointed secretary of state.

At some time after the election all previous positions step down allowing said president to assume the office.

It seems this would be unlikely, but possible. All positions previous have to agree to the "step down" and it must be done in a timely manner to prevent other appointees from filling the gaps. An opposing party may somehow be in the mix to thwart such a plan. Also this would likely result in lawsuits.

Also someone of the same party, despite prior agreements, had a sense of ethics they might change their mind. Failing that, the office of the president is quite tempting for those that seek power.

Such an act would likely plunge the country into chaos and many lawsuits. It would be an ugly time in US history no matter who attempted such.