Is a Third Presidential Term for Trump an Impossible Dream?

The late Justice Antonin Scalia famously remarked that Congress does not hide elephants in mouseholes. This saying emphasizes how courts are cautious about using minor provisions in legislation to achieve significant legal transformations.

This week, President Donald Trump ignited debate by asserting he is “not joking” about the possibility of a third presidential term, citing advice from experts who claim it could be permissible under the Constitution. Such bold declarations evoke skepticism, especially from a president known for delivering dramatic soundbites to stir media frenzy.

Following Trump’s statement, the media reacted as expected, with commentators once again warning of democracy’s demise. The immediate outcry reflects both the political climate and the gravity of the constitutional implications at play.

Trump’s Aspirations and Their Legal Implications

It is crucial to critically examine the basis of Trump’s assertions. Discussions surrounding presidential term limits often serve as intellectual exercises among legal scholars exploring how a president could potentially circumvent the restrictions placed by the 22nd Amendment.

Originating from a Republican response to Franklin Delano Roosevelt’s decision to run for a third term, this amendment was ratified in 1951 to address fears of political monopoly. The aim was clear: to prevent any politician from holding the presidency for life.

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.

This phrasing notably includes those who have