The 22nd Amendment of the U.S. Constitution explicitly states that “no person shall be elected to the office of the President more than twice.” Proposed in 1947 and ratified in 1951 after the death of former President Franklin D. Roosevelt, the amendment states that the President of the United States cannot run or be elected for more than two terms. Recently, however, President Donald Trump has hinted that he wants to try to find a way to run for a third term. However, questions still remain: Is he able to challenge the constitutionality of running for a third term, and how? Surprisingly, it is not as black-and-white as it may initially seem.
Why Trump should run for a third term:
In 2024, Trump solidified his place in American history by becoming the 2nd President to ever serve two non-consecutive terms, the first being the 22nd and 24th President Grover Cleveland in the late-19th century. For a president to run two non-consecutive terms implies that the previous administration disappointed the public so much that they are willing to go backwards. For President Trump, such a thesis most certainly applies. A brief recap of his presidential campaigns shows his unexpected victory in 2016, his loss against former President Joe Biden in 2020, and a comeback against favorites Kamala Harris in the 2024 election.
The question is: why did Trump win the 2024 election? According to most polls, President Joe Biden’s approval rating dropped across the party lines, reaching 6% for Republicans and 76% for Democrats. Clearly, Biden isn’t the most popular with many Americans, and this can be ascribed to what could be seen as his failures while in office. Such policies include his disastrous military withdrawal from Afghanistan that resulted in the deaths of 13 American service members; high inflation rates due to his disastrous economic policies; and political polarization through weaponizing the Department of Justice. Although many high-ranking leaders in the Democratic Party continue to support the Biden administration’s legacy, it is undeniable that his administration negatively affected the party’s reputation and influence among American voters.
The legality of Trump’s third term is unanimous and largely a major scholarly consensus beside a few fringe views. Under the U.S Constitution, specifically pertaining to the 22nd Amendment, which establishes a 2-term limit on the U.S presidency. The legality of Trump’s third term therefore has to be established by Congress and the States with a new amendment. The argument for Trump’s run for a third term is thus not based on any legal loophole or constitutional interpretation but rather empirical.
President Trump is commonly categorized as a “populist” and a “nationalist,” advocating for an “America First” platform which supports American isolationism, high tariffs, immigration restriction, and other policies. One can disagree with many of his policies while still recognizing that a Trump presidency is overall better for the United States. One aspect of President Trump’s agenda that will certainly improve the nation as a whole is the establishment of “DOGE”, or the Department of Government Efficiency. Pushed by President Trump in his campaign and currently run by billionaire Elon Musk, the primary objective of the organization is to cut federal spending that is considered “wasteful” and “fraudulent.” The need for an organization such as DOGE has been long overdue. According to the latest metrics of the U.S debt, the current national debt is around 36 trillion dollars, and is currently on a budget deficit. Increased government spending often leads to higher inflation, interest rates, and overall more economic uncertainty. If DOGE is effective in cutting down government spending, the US economy would only stand to benefit.
Trump’s foreign policy agenda is also another aspect of his political plan that will benefit the United States. For much of the late 20th and early 21st century, U.S foreign policy has largely been guided by the “Neoconservative” wing of the Republican Party, who under President Bush advocated for America’s disastrous intervention in Iraq and sought to increase American involvement in the Middle East and Europe, leading to increased international tensions and mishandling of relations with other nations. President Trump will change American involvement in Europe and Asia by reconsidering the U.S role in NATO, which has largely been obsolete with the collapse of the Soviet Union. The United States currently contributes the most to NATO’s budget, with only around 35% of NATO nations meeting the minimum 2% requirement. NATO is thus not only an archaic organization in a post-Cold War international stage, it is a fiscal burden to the U.S as well. Trump’s objective of resolving the Ukraine-Russia war is also a priority that will overall serve America’s national interest. For the past couple years, the United States has been sending financial aid and weapons to Ukraine in its war, which only led to more deaths and conflict. A diplomatic engagement with Russia will certainly decrease tensions and channel a productive discussion to ending the conflict, instead of the previous administration’s “hawkish” approach through sanctions and weapon exports.
Trump’s third term run is likely not going to occur due to the legal restrictions placed on the President by the 22nd Amendment of the Constitution as well as the lack of popular support for a third term among Americans. However, if a third term is by some miracle attainable for Trump, he should run to address the deep-lying problems of the United States and restore the fundamental liberties, values, and prosperity of the United States and the Constitution.
Why Trump should NOT run for a third term:
The most apparent basis restricting Trump’s ability to run for a third term is in the Supreme law of the United States of America: The U.S. Constitution. The 22nd Amendment of the Constitution isn’t simply a guideline that can be easily adapted when necessary. In fact, it is a strict law that reflects one of the core values in America –– that putting too much power in the hands of one individual is a danger to the nation’s long-held democracy. Allowing any U.S. President, not just Trump, is unarguably an immense challenge to this constitutional precedent.
Since gaining his seat back in the oval office, Trump joked last year that he would be a “dictator for a day.” This time, his insistence to run for a third term is no joke. While some allies of the Republican Party assured that Trump’s third term talks were merely coming from his playful language and not serious, President Trump has confirmed that his intentions are clear. “I’m not joking,” he said in an interview with NBC News, before adding that “there are methods which you could do it.” In reality, attempting to override and re-interpret the clear boundaries set in the Constitution is almost impossible. Additionally, it is simply irreconcilable to the foundations of American democracy, which was founded primarily because Americans back in the colonial period believed the British King had too much power over them. Essentially, Trump running for a third term would go against what Americans originally fought to get rid of.
Beyond the legal restrictions placed on him, it can be argued that Trump doesn’t deserve such a spot in the first place. While it hasn’t even been a year since Trump’s return to the presidency, he has already reignited political dishevel and division in the country. The Trump Administration has already received widespread criticism for many of its policies. For example, its renaming of The Gulf of Mexico to the Gulf of America, and Mount Denali to Mount McKinley back in February received condemnation domestically and internationally. This move showed Trump’s lack of respect for long-standing traditions and local residents in favor of his own twisted version of patriotism.
Further criticisms of Trump’s second presidency in the actions of DOGE and Elon Musk. Already, thousands of federal workers have been fired in cost-cutting efforts. These job cuts have resulted in thousands of people losing their jobs, and a federal court even stepped in when it blocked Trump’s plan to offer government employees financial incentives in exchange for resigning on their own. Additionally, in the Energy Department, hundreds of federal workers were fired on February 13, but this decision was reversed once it was found out that up to 350 of those workers had actually been part of the National Nuclear Security Administration. Furthermore, many veterans, who now work in federal jobs, have been disproportionately affected. Most veterans are Trump voters, and these veterans make up about 30% of the 2 million who work for the government. Many veterans have expressed their discontent with the decisions in town halls, with many yelling angrily at Republican congressmen. The actions of DOGE have very clearly shown that those behind the program are making decisions recklessly, only looking at a balance sheet and pressing buttons and hoping it works. The indiscriminate firing of veterans from their positions also illustrates a lack of respect and care for those who have served the country and have fought for our safety. Despite DOGE promising efficiency, it is obvious that it has only delivered a complete mess.
Another aspect of Trump’s policy that has come under heavy scrutiny are his wave of tariffs. These tariffs, in the President dubbed as “Liberation Day,” were set at a baseline of 10%, with higher tariffs on the EU and China. Some of these rates included 20% for the EU, 34% for China, and 24% for Japan. Most analysts said that the tariffs could result in higher prices and slower economic growth along with a recession in some places in the world. Some of these fears were realized in the days leading up to April 9, the dubbed “Liberation Day.” The US stock market suffered majorly, and the global stock market saw trillions of dollars wiped almost instantly, with markets in Asia in particular seeing a bad day. The tariffs sparked waves of fear and nervousness in the financial and general communities, with many unsure of what was next. Luckily, Trump paused his tariffs for 90 days, which has resulted in US stocks skyrocketing briefly.
Although Trump did decide in the end to delay his tariffs, it is clear that the initial plan wasn’t thought out particularly well. Even though Wall Street was well aware that the tariffs would eventually come, when they did finally arrive, even it was shocked at just how high some of the rates were, which sent the entire market into panic. It was only after that that Trump reversed his decision, which is a common theme of his first few months back in the White House. Whether it be asking people on the Nuclear Security Administration to come back, or delaying what would have been possibly some of the most devastating tariffs in the nation’s history, Trump’s government is constantly backing away from its bad choices after it makes them. It is incredibly clear that many of the initial decisions are made with little to no thought of their consequences, and then, once something clearly goes wrong, the administration backpedals. Unfortunately, damage has already been done. Many veterans are still without jobs, and it seems that much of the world is really angry at the United States right now. Having an administration that makes rash decisions out of nothing more than ego is incredibly damaging, and it is obvious that even now, Trump isn’t fit to serve as President of the United States.
So…should he?
Regardless of what anyone thinks about the current administration and its actions, in the end, Trump is heavily unlikely to even be able to run for a third term. Whether it be due to his age, or the 22nd Amendment legally barring him from doing so, the odds are very much not in Trump’s favor if he does decide he wants to try running again, even if he wants to. Ultimately, it is up to the voters who they decide to run the country in four years.
