Barring any unforeseen circumstances, Donald Trump will become President of the United States again on January 20, 2025. Some find solace in the fact that Section One of the 22nd Amendment clearly prohibits a president from being elected to a third term.
Section 1 — 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.
Since ratification of the 22nd Amendment, every former president has been content to leave after two terms. The job has aged and taken its toll on all who have held the office. Franklin D. Roosevelt was the only man serving more than two terms and died in office. No recent former president has wanted a third term, following the example first set by George Washington. America was different from the rest of the world with the peaceful transition of power, at least until January 6, 2021.
Donald Trump has openly mused whether he could serve a third term. The “Presidential Immunity” created by the Supreme Court with him in mind is a powerful incentive to stay in office. Many feel his 2024 candidacy was as much about staying out of jail as any desire to serve America.
“I suspect I won’t be running again, unless you do something. Unless you say, ‘He’s so good, we have to just figure it out.’” — Donald Trump
Given the 22nd Amendment, it seems unlikely that Trump could run again, but the language in the Constitution is what the Supreme Court says it is. They have made interpretations before that were not found in the words of the Constitution, with presidential immunity being one of them. The Court has a right-wing majority that has had no problem serving the interests of Donald Trump on several occasions. Arguably, their rulings and delays kept him from facing federal trials before the last election.
The first way Trump could get around the 22nd Amendment is to run for vice president alongside a willing candidate for president willing to resign and turn over power on Day 1 in office. The 22nd Amendment prevents someone from being “elected” to a third term. Nothing prevents them from serving or being elected to the office of vice president. J.D. Vance or another placeholder could openly run with Trump as their running mate, vowing to make Trump president again. Fox News and right-wing media could tout the brilliance of the plan and how Trump outsmarted the libs once again.
There could be an attempt to repeal the 22nd Amendment, as once happened with the 18th Amendment, which prohibited the “manufacture, sale, or transportation of intoxicating liquors.” Changing the Constitution requires ratification by three-fourths of the states, but this isn’t the popular vote of the citizens of a state, but state legislatures or other designated politicians subject to the whims of popular opinion. Thirty-one of the required thirty-eight states already vote red consistently; it isn’t impossible that the 22nd Amendment could be changed to allow presidents to seek a third term.
Lastly, President Trump could issue an Executive Order allowing him to run. It doesn’t matter that it’s unconstitutional. Presidents issue orders that don’t pass muster all the time. When this occurs, a lawsuit is usually filed, and the matter works its way through the courts. Our justice system is not always swift, and can you really count on this Supreme Court to resolve the matter consistent with the clear language of the Constitution? SCOTUS has already made corporations people and found individual rights to own assault weapons.
This article originally appeared on Medium and is edited and republished with author's permission. Read more of William Spivey's work on Medium.