Trump fuels third-term speculation: A look at legal hurdles and what experts have to say

Trump hints at third term, suggests ‘methods’ to extend presidency.

President Donald Trump has once again raised the prospect of seeking a third term in office, despite the two-term limit imposed by the 22nd Amendment to the U.S. Constitution. Over the weekend, he insisted there were ways to extend his presidency, stressing that he was "not joking."

During an exclusive interview with NBC News on Sunday, Trump was asked about his previous hints at running for a third term. "I'm not joking," he replied, adding, "There are methods which you could do it."

The 78-year-old president has previously suggested he might serve beyond the traditional eight-year limit, but his latest comments, particularly those made aboard Air Force One, indicate a more serious consideration of the idea.

"We have almost four years to go, and that's a long time. But despite that, so many people are saying, 'You've got to run again.' They love the job we're doing," Trump said, referring to his allies and supporters.

Asked whether he planned to remain in office beyond 20 January 2029, the next scheduled Inauguration Day, Trump avoided a direct answer. "I'm not looking at that, but I'll tell you, I have had more people ask me to have a third term."

Trump also claimed he had been presented with concrete plans that could allow him to run again despite the constitutional restriction.

When NBC asked whether a scenario where Vice President JD Vance ran for president and then stepped down was an option, Trump responded, "That's one" method, adding, "There are others," though he declined to elaborate.

Legal barriers to a third term

Professor Derek Muller, an election law expert at Notre Dame, highlighted constitutional barriers preventing Trump from seeking a third term. Speaking to the Associated Press, Muller pointed to the 12th Amendment, ratified in 1804, which states that "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States." He explained that if Trump is barred from running for president under the 22nd Amendment, he would also be ineligible for the vice presidency.

The 22nd Amendment, adopted in 1951 after Franklin D. Roosevelt’s unprecedented four-term presidency, explicitly limits a person to two presidential elections. "I don’t think there’s any ‘one weird trick’ to getting around presidential term limits," Muller told the Associated Press. He noted that any attempt to extend Trump’s tenure would require broad cooperation from federal and state officials, courts, and voters.

Muller suggested that Trump's talk of a third term is likely a political strategy to "show as much strength as possible."

"A lame-duck president like Donald Trump has every incentive in the world to make it seem like he’s not a lame duck," Muller added.

Trump, who would be 82 at the end of his second term, was also asked whether he would want to continue serving in "the toughest job in the country" at that point.

Amending the Constitution

Changing the Constitution to remove the two-term limit would be extremely difficult. It would require either a two-thirds majority in Congress or approval from two-thirds of the states to call a constitutional convention. Any proposed amendment would then need to be ratified by three-quarters of the states.

The Precedent and the 22nd Amendment

No U.S. president has attempted to seek a third term since the passage of the 22nd Amendment.

The tradition of a two-term presidency dates back to 1796, when George Washington voluntarily stepped down after two terms, setting a precedent that was followed for over 140 years.

However, Franklin D. Roosevelt broke this tradition, winning four consecutive elections between 1932 and 1944. He justified his extended tenure by citing the need for stable leadership during World War II. Roosevelt remained in office until his death in 1945, which led to the eventual ratification of the 22nd Amendment in 1951.