Donald Trump has taken oath as the President of the United
States for a second time, but can he legally return for a third term? A loophole in the 22nd Amendment suggests
that although a president can only be elected twice, they can assume the role
again through a process of succession.
According to the 22nd
Amendment, no individual can be "elected" as president more than
twice. However, a person can still assume the role through succession. After
the end of Trump’s second term, if he runs as a vice-presidential candidate and
his running mate resigns, he could become president for the third time. If this strategy is followed by Trump, he
could continue to serve in the White House beyond 2029, and potentially until
2037, according to the Daily Mail.
The potential strategy is that Trump could run as a
vice-presidential candidate in 2028, with a nominee like JD Vance leading the
ticket. Should the ticket win, Vance could resign after his inauguration, and
make Trump president. This is a strategy that would not violate the
constitutional ban on being "elected" as president more than twice. Trump can repeat the process in 2032, and if he
resigns before the election, he could run as vice president again and reclaim
his presidency using the same process of succession.
This strategy may not
come without challenges. The plan may be challenged by opponents in court, with
the argument that it violates the spirit of the 22nd
Amendment. However, according to legal scholars, the Supreme
Court could rule based on the text of the Constitution and not its intent. The court might as well focus on the definition of
"elected," which does not explicitly stop an ex-president from
reclaiming his position through succession.