Could Donald Trump remain US president for 12 more years? This constitutional loophole might allow it
Posted on: Mar 30, 2025 11:59 IST | Posted by: Hindustantimes
Donald Trump has taken swearing as the chairwoman of the United States for a second time, but can he legally return for a third term? A loophole in the 22nd Amendment suggests that although a president can only be elected twice, they can assume the role again through a process of succession.
According to the 22nd Amendment, no individual can be "elected" as president more than twice. However, a person can still assume the role through succession. After the end of Trump’s second term, if he runs as a vice-presidential candidate and his running mate resigns, he could become president for the third time. If this strategy is followed by Trump, he could continue to serve in the White House beyond 2029, and potentially until 2037, according to the Daily Mail.
The potential strategy is that Trump could run as a vice-presidential candidate in 2028, with a nominee like JD Vance leading the ticket. Should the ticket win, Vance could resign after his inauguration, and make Trump president. This is a strategy that would not violate the constitutional ban on being "elected" as president more than twice. Trump can repeat the process in 2032, and if he resigns before the election, he could run as vice president again and reclaim his presidency using the same process of succession.
This strategy may not come without challenges. The plan may be challenged by opponents in court, with the argument that it violates the spirit of the 22nd Amendment. However, according to legal scholars, the Supreme Court could rule based on the text of the Constitution and not its intent. The court might as well focus on the definition of "elected," which does not explicitly stop an ex-president from reclaiming his position through succession.
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