Trump’s path to third term? Experts point to loophole in US Constitution

In a scenario that seems more like a conspiracy theory than reality, experts have suggested that a simple loophole in the US Constitution could allow Donald Trump to serve as President until January 2037, even though the 22nd Amendment limits presidents to two terms.

The possibility stems from a unique interpretation of the word "election" in the 22nd Amendment, which limits presidents to two elected terms. According to legal experts, this wording creates an opportunity for a president who has already served two terms to potentially return to office under certain circumstances, Caliber.Az reports via foreign media.

The 22nd Amendment, ratified in 1951, states: "No person shall be elected to the office of the President more than twice..."

It is argued that means a twice-elected president would not be barred from later reassuming the office due to the resignation, or death, of another president. 

While many interpret this as prohibiting any two-term president from ever serving again, some experts, including Professor Bruce Peabody, argue that the amendment only prevents re-election of a president who has already served two terms. The loophole involves a possible strategy where a twice-elected president, like Trump, could run for Vice President and, upon taking office, assume the presidency if the sitting president resigns or is otherwise removed from office.

As outlined in a 1999 article in the Minnesota Law Review, the amendment "proscribes only the reelection of an already twice-elected President," not a president returning to office after resigning. Trump could, theoretically, run for Vice President, with a figure like James David Vance at the top of the ticket. Once Vance is inaugurated, he could resign, handing the presidency to Trump. This move could potentially be repeated, allowing Trump to serve beyond the typical two-term limit.

This idea, though highly controversial, has been gaining attention in political circles and among Trump's supporters, who have speculated about the possibility of securing a third and even fourth term. To make this strategy work, Trump would need to maintain strong popular support to win a third term, and the loyalty of figures like Vance, who would serve as the nominal president in such a scenario.

While this may sound like a far-fetched plan, experts agree that the legal loophole exists. If Trump were to resign before the 2032 election, he could run again as a vice presidential candidate, potentially securing a fourth term in 2036. Whether this strategy could ever be implemented remains uncertain, but the concept has raised eyebrows and sparked debate about the future of presidential succession.

By Vafa Guliyeva