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Fact check: Is it constitutionally possible for Trump to run for a third term as President?
1. Summary of the results
The 22nd Amendment to the US Constitution explicitly prohibits any person from being elected to the office of president more than twice [1] [2]. This constitutional barrier makes it impossible for Trump to run for a third term through the normal electoral process [1].
However, some legal experts have identified potential workarounds that could theoretically allow Trump to serve a third term without being directly elected to the presidency [3]. One such strategy involves Trump becoming vice president and then ascending to the presidency through presidential succession [3]. Yet this approach faces its own constitutional obstacle, as Associate Professor Jason Husser points out that the 12th Amendment states no person constitutionally ineligible to be president can serve as vice president [4].
The only legitimate path to a third term would require changing the Constitution itself, which demands either a two-thirds vote in Congress or a constitutional convention [5]. Congressman Andy Ogles has already introduced a proposed amendment to modify the 22nd Amendment specifically to allow Trump to serve a third term [6], demonstrating that some political figures are actively pursuing this constitutional change.
2. Missing context/alternative viewpoints
The original question lacks several crucial pieces of context:
- Active legislative efforts are already underway to change the constitutional restrictions, with Congressman Andy Ogles proposing amendments to allow Trump's third term [6]
- Legal scholars have identified potential constitutional loopholes through vice presidential succession, though these remain constitutionally questionable [3]
- The practical political reality that changing the Constitution appears unlikely given current congressional deadlock and political division in the country [5]
- Multiple constitutional amendments would need consideration - not just the 22nd Amendment, but potentially the 12th Amendment as well, which creates additional barriers to workaround strategies [4]
Political beneficiaries of pushing the narrative that a third term is possible include:
- Trump supporters and Republican legislators like Congressman Andy Ogles who gain political capital by appearing to fight for Trump's continued leadership
- Legal experts and constitutional scholars who benefit from increased media attention and consulting opportunities by discussing complex constitutional scenarios
- Media organizations that generate engagement through coverage of controversial constitutional questions
3. Potential misinformation/bias in the original statement
The original question itself is relatively neutral and factual, simply asking about constitutional possibilities. However, it could be interpreted as lending credence to the idea that a third term is a realistic possibility when the constitutional barriers are quite clear and substantial [1] [5].
The question omits the context that this is not merely a theoretical constitutional question but an active political issue with real legislative proposals being introduced [6]. This framing could mislead readers into thinking this is purely an academic exercise rather than understanding that Trump and his supporters are actively pursuing this goal through constitutional amendment processes.
Additionally, the question doesn't acknowledge that Trump has made statements suggesting he is "not joking" about pursuing a third term [5], which provides important context about the seriousness and intent behind this constitutional question.