Jamelle Bouie is a columnist for The New York Times. He is my favorite. He has a broad and deep knowledge of politics and history. He writes about what he’s reading and what he’s cooking.
In this column, he explains that the Constitution prohibits any President from serving a third term. Since Trump loves to scoff at the Constitution, he’s been dropping hints that he will run again or maybe be president for life.
The polls are not encouraging. He currently is at 42% approval, and 52% disapproval. Polls can change, of course. But Trump is as impulsive, arrogant, and vengeful as ever.
Jamelle Bouie reminds us that it was Republicans who insisted on a two-term limit for the Presdency:
It does not come as a great surprise to see that less than a year into his second term in office, President Trump is already thinking about a third.
“I would love to do it,” he told reporters on Air Force One this week.
He has, in fact, been thinking about a third term for years.
“We’re going to win four more years in the White House,” he said in 2020. “And then after that, we’ll negotiate, right? Because we’re probably — based on the way we were treated — we are probably entitled to another four after that.”
And earlier this year, he told NBC News that he wasn’t “joking” about serving a third term. “There are methods which you could do it,” he said.
The obvious response to Trump’s musings is that the Constitution limits each president to two full terms. “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,” reads the 22nd Amendment, ratified in 1951.
But allies of the president insist that there is a plan — a loophole — that might allow Trump to circumvent the Constitution and serve another four years or more.
“Trump is going to be president in ’28, and people just ought to get accommodated with that,” said Steve Bannon last week. “At the appropriate time, we’ll lay out what the plan is.”
This sounds plausible, but it is wrong. First, it treats the Constitution as a language game whose meaning depends less on the text, structure, history and purpose of the document and more on whether you can use the fundamental indeterminacy of language to brute-force your preferred outcome.
But that is not how you should read the Constitution, which isn’t a rigid set of instructions to be gamed by clever lawyers, but a political document meant to structure the rules of self-government in the United States. The 22nd Amendment was written to change one of those rules and limit the president’s term of office, regardless of the circumstances. Any apparent “loophole” is a mirage produced by a basic misunderstanding of what it is that the Constitution set out to accomplish. A quick look at the history and debate behind the amendment makes this clear.
Two terms in office had been the norm for American presidents since George Washington declined to stand for a third in 1796, instead handing the reins to his vice president, John Adams. In 1940, Franklin Roosevelt became the first president to run for and win a third term of office. He continued the streak in 1944, winning another term but dying in office just a few months after he delivered his fourth Inaugural Address.
In the following midterm elections, Republicans won a House and a Senate majority for the first time since the early 1930s. And at the top of the agenda for the 80th Congress was a constitutional amendment to make the two-term tradition a formal rule of American politics. Although this was a clear response to Roosevelt, congressional arguments in favor of the two-term limit emphasized the vast scope of presidential power and the threat it might pose to American democracy if left in the hands of one man over an extended period of time.
“If long tenure of office of the president was a threat to our republican form of government as stated by President Jefferson nearly 140 years ago, with his limited powers, small disbursements, small Army and Navy and a small number of appointees, how much greater must that threat be to our republican form of government and to the liberties of the American people today?” asked Representative John Marshall Robsion of Kentucky during floor debates over the amendment in 1947.
“I favor this proposed amendment,” said Representative John Jennings Jr. of Tennessee. “Only by its adoption can the people be assured that we shall never have a dictator in this land. Without such a limit on the number of terms a man may serve in the presidency, the time may come when a man of vaulting ambition becomes president.” Backed by a “subservient Congress,” continued Jennings, such a man “could well name to the Supreme Court of the United States men of his political faith and economic thinking” who could “sweep aside and overthrow the safeguards of the Constitution” and “overrule the settled states of law that have been declared and recognized for a hundred years.”
“Almost all of the rest of the world has slipped away from the foundations of freedom and skidded dangerously close to the shoals of executive domination, one-man rule, dictatorship and ruthless tyranny,” declared Representative Karl Earl Mundt of South Dakota. “Let us consolidate our gains in self-government by passing this resolution to prevent any president hereafter — Republican or Democratic — from perpetuating himself in office.”
The overriding concern among congressional supporters of the 22nd Amendment was to limit the president’s overall tenure of office. They did not parse the difference between service and election; they did not intend to create some special scenario by which, if a president followed the right steps, he could circumvent the restriction. They meant, simply, to restrict the president to two full terms for fear of what might be if presidential power fell into the wrong hands.
“To grant extended power to any one man would be a definite step in the direction of autocracy, regardless of the name given the office, whether it be president, king, dictator, emperor or whatever title the office may carry,” Senator Chapman Revercomb of West Virginia said during his chamber’s debate over the proposed amendment. “It would be a definite step toward the destruction of real freedom of the people.”

So I assume you would not try to parse the meaning of “the right of the people to keep and bear arms shall not be infringed” by arguing that people does not mean individual people or that the founding fathers surely only meant that certain arms could be kept and borne.
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Bouie’s point about the 22nd Amendment rests on constitutional intent — the framers of the term-limit amendment made it clear they wanted to prevent any president from consolidating power indefinitely. That purpose hasn’t changed since Washington’s time.
By contrast, the reference to the Second Amendment ignores its full context — especially the “well-regulated militia” clause. The original intent there was tied to 18th-century ideas of collective defense, not the modern notion of unlimited individual ownership.
You’re arguing semantics, not intent. The 22nd Amendment still serves exactly the purpose it was designed for, while the Second Amendment’s meaning has evolved far from what its authors envisioned.
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Thee 22nd was carefully worded to say exactly what its intent was. As a legal document, the words mean what they mean, not what someone assumes the writers must have meant. It is tortured reasoning to assume that the writers did not choose the word “elected” purposefully, especially when “serve” would be the most obvious choice if the meaning was to prevent an individual from serving more than two terms.
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I would think that even the partisan extremists Trump has appointed would laugh such a ridiculous argument out of court, but these days absurdity is the new normal.
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I suspect Trump is planning not to be a president after 2028.
Instead, the alleged child molester, and convicted rapist, fraud and felon may be planning to become the Fourth Reich’s first dictator, or he may call himself a king or emperor to match his Arch de Trump project modeled on the one Napolean started to have built before that emperor lost the battle of Waterloo.
Arc de Trump? President shows off model of Independence Arch, says “it’s going to be really beautiful” – CBS News
I keep waiting for the mastermind and instigator of the violent, failed coup attempt in Washington DC on January 6, 2021, to overthrow a democratically elected government, to have his Waterloo.
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The 22nd Amendment bars a person from BEING ELECTED more than 2 times (or more than once if they have served more than half of term to which someone else was elected). It does NOT bar them from BEING President. The only requirements to BE President are 35, Natural Born Citizen, and Resident in the US for 14 or more years. Donald Trump is eligible to serve a 3rd and 4th and 5th term but he cannot be elected again. BTW, Barack Obama, George W. Bush, and Bill Clinton are also eligible for more terms. Trump could be elected VP, or become Speaker of the House (a position to which he can be elected by the House even if he is not a Member), or any other position in line of succession and ascent to the Presidency if it is vacant and he is next in line. Of course, were he to run as VP candidate alongside J D Vance, I do not think Vance would vacate the office were he to be elected.
In short, there are NO TERM LIMITS to serving as President. There is the practical bar that one who has been elected to the office twice cannot be legitimately on the ballot as a Presidential candidate a third time.
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A horrifying thought!
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Legally, the 12th and 22nd Amendments make it impossible for any president—Trump, Obama, or anyone else—to serve a third term. The 22nd limits how many times someone can be elected president, and the 12th ensures that no one ineligible for the presidency can occupy a position, such as vice president or speaker, that might lead back to it. Any constitutional scholar, regardless of political leaning, would confirm that this is settled law and not open to serious debate. The intent has been unambiguous since 1951.
But laws are only as strong as those who enforce them. If judges or elected officials ever abandon their duty to uphold the Constitution, even the clearest provisions can be twisted or ignored. That’s how democracies slide toward authoritarianism—when people start pretending that what was once obvious suddenly seems “ambiguous.”
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You are wrong. The only requirements to be eligible to BE President are in the original Constitution, un-amended, which are 35, 14 years resident, and natural born citizen. Trump, Clinton, and Obama are all eligible to be VP, since they are eligible to BE President.
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The amendments are part of the Constitution—they aren’t optional.
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S9gh – you are misreading/misinterpreting what they say. So be it.
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