Think Donald Trump can’t be president after his second term is up 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 be running again unless you say, ‘He’s so good we’ve got to figure something else out.’”
At first glance, this seems like an obvious joke. The 22nd Amendment to the Constitution is clear that Trump can’t be elected again. The text of the amendment states:
“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.”
That amendment was passed in response to Franklin Roosevelt’s four elections to the presidency. Since George Washington had stepped down at the end of his second term, no president had sought a third term, much less a fourth. The amendment was clearly meant to prevent presidents from serving more than two terms in office.
Because Trump has been elected president twice already, the plain language of the amendment bars him from being elected a third time. Some have argued that since Trump’s terms were nonconsecutive, the amendment doesn’t apply to him. But the amendment makes no distinction between consecutive and nonconsecutive terms in office.
Though the 22nd Amendment prohibits Trump from being elected president again, it does not prohibit him from serving as president beyond Jan. 20, 2029. The reason for this is that the 22nd Amendment only prohibits someone from being “elected” more than twice. It says nothing about someone becoming president in some other way than being elected to the office.
Read the full article on The Conversation.
