Summary:
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Trump hinted at possible methods to secure a third term, including a loophole involving JD Vance stepping down as president. Some legal discussions suggest it’s not entirely impossible. However, the 12th Amendment poses a major roadblock, as it prohibits constitutionally ineligible candidates from serving as VP.
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Constitutional law experts emphasize that the 22nd Amendment assumes candidates will follow the Constitution as intended. Trump himself downplayed the idea in a recent NBC interview.
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While the idea of Trump serving a third term without being “elected” again is intriguing, legal roadblocks and the Constitution make it unlikely to happen.
Could Trump actually find a way around the 22nd Amendment to secure a third term? In a recent NBC News interview, he hinted at “methods” that could make it possible. One idea floated involves JD Vance running as president with Trump as VP—only for Vance to step down, making Trump president without technically being “elected” again. While critics dismissed the idea, some legal discussions, including a 1999 Minnesota Law Review article, suggest it’s not entirely out of the question.
However, legal experts point to the 12th Amendment as a major roadblock, as it states that anyone constitutionally ineligible for the presidency cannot serve as vice president. Constitutional law professor Gloria Browne-Marshall emphasized that the 22nd Amendment assumes candidates will follow the Constitution as intended. While this loophole theory is intriguing, Trump himself downplayed the idea, telling NBC it’s still early in his administration.