In a move that has caused quite a political stir, Representative Andy Ogles, R-Tenn., has proposed a resolution to amend the US Constitution to allow President Donald Trump-and all presidents going forward-to stand for a third term. This would abrogate the longstanding two-term limit set out by the 22nd Amendment.
The proposed amendment
Today, the 22nd Amendment prohibits a person from being elected to the presidency of the United States more than twice. Ratified in 1951-after the unprecedented four-term presidency of Franklin D. Roosevelt-the resolution from Rep. Ogles would revise this limit to as many as three presidencies but prohibits serving two consecutively. That would have allowed President Trump-who had a non-consecutive, two-term presidency-to run for a third term, while excluding former Presidents; Barack Obama, Bill Clinton, and George W. Bush, all of whom served two consecutive terms.
In a statement, Ogles said,
“President Trump’s decisive leadership stands in stark contrast to the chaos, suffering, and economic decline Americans have endured over the past four years. He has proven himself to be the only figure in modern history capable of reversing our nation’s decay and restoring America to greatness, and he must be given the time necessary to accomplish that goal. To that end, I am proposing an amendment to the Constitution to revise the limitations imposed by the 22nd Amendment on presidential terms. This amendment would allow President Trump to serve three terms, ensuring that we can sustain the bold leadership our nation so desperately needs.”
Challenges ahead
The US Constitution is a very difficult document to change. To advance, Ogles’ resolution would need a two-thirds majority vote in both the House of Representatives and the Senate. Then it would need to be ratified by three-fourths of the states, or 38 out of 50. With Republicans holding only a slim majority in the House and an evenly divided Senate, that’s a heavy lift in today’s political climate.
22nd Amendment
The 22nd Amendment had been passed to prevent any president from serving beyond two terms in the future-a reaction against Franklin D. Roosevelt’s four-term tenure. This amendment provides, “No person shall be elected to the office of the President more than twice.” There have been calls for either the repeal or the modification of this amendment over the years. As recently as 1989, President Ronald Reagan called for its repeal on the grounds that such a law denied democratic rights.
President Trump and the third term
Throughout his political career, President Trump has played from time to time with the idea of a third term. During one event in 2019, he playfully mentioned that the presidents could serve for a period of 10 to 14 years. Recently during the May 2024 National Rifle Association convention, Trump insinuated that he was going to be a three-term president.
Alternative paths to extended presidential service
Some scholars have pursued other theoretical scenarios of presidential service beyond two terms that do not technically violate the 22nd Amendment. These include the process whereby a former president becomes the vice presidential candidate and then becomes president upon the resignation or incapacitation of the incumbent. However, these approaches are mostly speculative and would no doubt be subject to serious legal and political opposition.
