Trump 'Not Joking' About A Third Term: Here's Why Experts Say It May Be Possible

US President Donald Trump is teasing a third term despite the US Constitution's clear two-term limit. Although he has humouredly mentioned the idea before, he recently clarified he is 'not joking' about extending his presidency, even hinting at a strategy used by Russian President Vladimir Putin. Trump's comments have incited concern from those who believe this might be another unconstitutional move by the current administration. In response to the backlash, legal experts have identified two key strategies that could enable Trump to pursue a third and fourth term in the White House.

Trump's Recent Statements Contrast 2024 Campaign

During a call with NBC News yesterday, Trump expressed interest in pursuing a third term. According to him, there are 'methods' to get around the 22nd Amendment's two-term rule and multiple allies urging him to do so. One potential strategy he hinted at was Vice President JD Vance winning the presidency only to hand power back to Trump.

Trump's recent comments contrast sharply with the views he expressed during his re-election campaign in 2024. In April, he told Time Magazine that he was not in favour of changing the 22nd Amendment.

'I intend to serve four years and do a great job,' he told the publication. 'And I want to bring our country back. I want to put it back on the right track.'

For leftists, however, Trump's newest comments come as no surprise. Instead, they serve as further evidence of his authoritarian tendencies.

'I have said since Trump starting laying the groundwork for the Big Lie in the first part of 2020 that he would not leave office willingly,' Independent journalist Aaron Rupar wrote. 'I have been correct so far. And I'm telling you again he will not leave office willingly.'

Jessica Tarlov, a Democratic strategist and co-host for The Five on Fox News, urged others to start taking Trump's statements as his literal intentions.

Despite his alarming recent suggestions, Trump emphasised that his administration is not currently planning a re-election campaign. 'But, I mean, I basically tell them we have a long way to go, you know, it's very early in the administration,' he said. 'I'm focused on the current. It is far too early to think about it.'

Though the US President claims he is currently uninterested in considering a third term, the same cannot be said for his allies.

The Legal Avenue: Changing the Constitution

Trump could extend his presidency by amending the Constitution— and his supporters are already at work to make it happen. In January, Representative Andy Ogles introduced a constitutional amendment that would allow presidents to serve three terms, provided they do not serve two consecutively. Ogles specifically aims for a third Trump presidency, stating: 'President Trump's decisive leadership stands in stark contrast to the chaos, suffering, and economic decline Americans have endured over the past four years.'

'This amendment would allow President Trump to serve three terms, ensuring that we can sustain the bold leadership our nation so desperately needs,' he added.

To amend the Constitution, approval is needed from two-thirds of Congress or a convention called by two-thirds of the states. After that, three-quarters of all states need to ratify the amendment. Such collaboration would be unlikely— but not impossible— due to Democratic opposition.

While amending the Constitution is a highly aggressive move that would impact future presidencies, it might be Trump's only legal option. However, there might be a faster— if morally questionable— way for Trump to extend his presidency.

How A JD Vance's Presidency Could Lead to Trump's Third Term

Trump could serve a third term by using a loophole in the 22nd Amendment. Legal scholars— including constitutional law scholar Professor Bruce Peabody— have pointed out that while the amendment restricts a twice-elected president from being re-elected, it does not explicitly prevent them from reassuming office through another president's death or resignation.

The amendment states: 'No person shall be elected to the office of the President more than twice.' This phrasing has led some to argue that a former president can take office if they were not directly elected. Trump could run as Vice President in 2028 with a figurehead presidential nominee, such as JD Vance. If Vance resigned or died after being sworn in, Trump, as Vice President, would automatically ascend to the presidency.

In theory, this strategy would make a third and even fourth term feasible if Trump is able to secure a willing nominee in his 90s.

'I think it's one of those surprisingly straightforward scenarios,' Peabody said. 'What seemed crazy a couple of decades ago now seems all too plausible.'

Even if opponents challenge this tactic in court by arguing it violates the intent of the 22nd Amendment, Peabody thinks that blocking it may be challenging. If Vance and Trump were open about their intentions, it could be argued that voters knowingly endorsed a third Trump presidency. Given the current conservative and textualist composition of the Court, it is likely to interpret the amendment according to its literal wording rather than considering the original intent behind it.

Though controversial, this method is not unheard of, most infamously having been used by Putin.

The Putin-Medvedev Method

Over a decade ago, Putin used his long-time ally, the democratically elected president of Russia, to regain his power. In 2007, Putin was not allowed to run for president for a third consecutive time due to constitutional restrictions. Instead, he supported Medvedev's candidacy, and Medvedev endorsed Putin's bid for Prime Minister.

The arrangement between then-President Medvedev and Putin was commonly known as 'tandemocracy,' signifying a shared approach to power between the two leaders. However, there was significant speculation regarding who actually held the most authority. A survey conducted in 2009 revealed that 16% of Russians believed Medvedev wielded the most power, while 58% thought it was Putin. Meanwhile, 23% felt that power was evenly shared between them. The rest found it 'difficult' to decide.

In September 2011, Medvedev announced he would step aside for Putin to return as president in the 2012 elections. This transition allowed Putin to reassume the presidency in 2012, with Medvedev as Prime Minister.

The idea that Trump and one of his supporters might use this tactic is plausible, which is troubling for both his supporters and opponents. Some even see it as a betrayal, given that the president has previously expressed his disinterest in such a move.

Regardless of whether Trump is serious regarding his so-called 'methods' and loophole or is simply testing the waters of public opinion, one thing is clear— his third-term aspirations are no longer just a far-fetched conspiracy. While Trump has not explicitly stated his desire to change the 22nd Amendment, his supporters' exploration of legal loopholes shows a willingness to challenge limits on presidential power. Overall, the Trump administration's strategies might set a dangerous precedent for future leaders as it struggles to balance ambition with pre-established democratic principles.