Do you think Donald Trump won’t be able to be president after his second term ends in January 2029? Think again.
When President-elect Donald Trump met with congressional Republicans shortly after his November 2024 election victory, he floated the idea of another term: “I suspect I won’t run again unless you say, “He’s so good we have to find something else.” »
At first glance, this seems like an obvious joke. THE 22nd amendment It is clear from the Constitution that Trump cannot be re-elected. The text of the amendment specifies:
“No person shall be elected to the office of 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 for which another person has been elected president cannot be elected to the office of president more than once.
This amendment was passed in response to Franklin Roosevelt’s four presidential runs. Since George Washington resigned at the end of his second term, no president has sought a third term, much less a fourth. The amendment was clearly intended to prevent presidents from serving more than two terms.
Abbie Rowe, National Archives and Records Administration. Office of Presidential Libraries. Harry S. Truman Library, via Wikimedia Commons
Because Trump has already been elected president twice, the plain language of the amendment prohibits him from being elected a third time. Some argued that since Trump’s terms were not consecutive, the amendment did not apply to him. But the amendment makes no distinction between consecutive and non-consecutive terms.
Although the 22nd Amendment prohibits Trump from being re-elected president, it does not prohibit him from serving as president beyond January 20, 2029. The reason is that the 22nd Amendment only prohibits someone from serving as president beyond January 20, 2029. being “elected” more than twice. It says nothing about whether someone becomes president in any way other than being elected to the position.
Bend the rules
There are a few potential alternative scenarios. Under normal circumstances this would be almost impossible. But Donald Trump has never been a normal president.
Question after question, Trump pushed the limits of presidential power. More importantly, he has already shown his willingness to circumvent or even break the law to stay in office. And even though Trump claims he’s only joking when he brings up the idea of a third term, he has a long history of using “jokes” as a way to float trial balloons.
Additionally, once he leaves office, Trump could again face the prospect of criminal prosecution and possible prison timefurther motivating him to stay in power. As Trump’s second term progresses, don’t be surprised if Americans hear more about how he might try to stay in power. Here is what the Constitution says about this perspective.
Other ways to become president
Nine people have held the position of president without having been previously elected to the position. John Tyler, Millard Fillmore, Andrew Johnson, Chester Arthur, Theodore Roosevelt, Calvin Coolidge, Harry Truman, Lyndon Johnson, and Gerald Ford were all vice presidents who took office when their predecessors died or resigned.
The 22nd Amendment does not prohibit a term-limited president from being elected vice president. On the other hand, the The 12th Amendment states that “no person constitutionally ineligible for the office of President shall be eligible to serve as Vice President of the United States.”
It is unclear whether this restriction applies to a two-term president who is ineligible for a third term due to the 22nd Amendment – or whether it simply requires the vice president to comply with the Constitution. other presidential eligibility criterianamely that they are citizens born in the United States, at least 35 years old and have lived in the United States for at least 14 years.
This question should be decided by the United States Supreme Court. If the justices were to rule in favor of Trump – as they recently did on questions regarding the 14th Amendment insurrection clause And presidential immunity – then the Trump-Vance 2024 ticket could become the Vance-Trump 2028 ticket. If elected, Vance could then resign, which would make Trump president again.
No need to resign
But Vance wouldn’t even need to resign for a Vice President Trump to wield presidential power. THE 25th amendment The Constitution states that if a president declares that “he is unable to discharge the powers and duties of his office…such powers and duties shall be exercised by the vice president as acting president.”
Actually, the United States has had three such acting presidents – George HW Bush, Dick Cheney and Kamala Harris. All held presidential power for a brief period when the sitting president was anesthetized during medical procedures; Cheney did it twice.
In this scenario, shortly after taking office on January 20, 2029, President Vance could invoke the 25th amendment by informing the Speaker of the House and the President pro tempore of the Senate that he is unable to discharge the duties of President. He would not need to give any reason or proof of this incapacity.
Vice President Trump would then become Acting President and assume the powers of the presidency until President Vance issues further notification that he is able to resume his duties as President.
“Tandemocracy”
But to exercise presidential power, you don’t even have to be president or acting president.
Trump has repeatedly expressed admiration for Russia’s autocratic President Vladimir Putin, so he may want to follow Medvedev-Putin’s lead.tandemocracy.”
Mikhail Svetlov/Getty Images
In 2008, the Russian constitution limited term limits and barred Putin from running for president after two consecutive terms. Instead, he chose a loyal subordinate, Dmitry Medvedev, to run for president.
Once elected, Medvedev nominated Putin as his prime minister. By all accounts, Putin remained firmly in power and made most of the major decisions. Following this example, a future Republican president could appoint Trump to an executive position from which he could still wield power.
In 2012, Putin was able to run for president again, and he and Medvedev once again swapped roles. Since then, Putin has managed to amend the Russian Constitution to effectively allow him to remain president for the rest of his life.
Use a figurehead
Then again, Trump might just want to avoid all this legal subterfuge by following the example of George and Lurleen Wallace. In 1966, the Alabama Constitution barred Wallace from seeking a third consecutive term as governor. Still extremely popular and unwilling to give up power, Wallace chose to have his wife, Lurleen, run for governor. It was clear from the start that Lurleen was just a figurehead for Georgewho promised to be his wife’s advisor, with a salary of $1 a year.
The campaign slogan: “Two governors, one cause“, made it clear that a vote for Lurleen was actually a vote for George.
Lurleen won hands down.
According to one account of his tenure, the Wallaces had “a sort of queen-prime minister relationship: Mrs. Wallace attends to the ceremonial and formal duties of state. Mr. Wallace draws the broad outlines of state policy and ensures its implementation.
Trump’s wife was I was not born an American citizen and is therefore not eligible for the presidency. But as leader of the Republican Party, Trump could ensure that the next Republican presidential nominee would be a member of his family or someone else likely to be elected. absolutely loyal and obedient to him. If that person wins the White House in 2028, Trump could serve as an unofficial advisor, allowing him to continue wielding the power of the presidency without the actual title.
