Isabella Carter
In January 2025, Representative Andy Ogles proposed a joint resolution to amend the US Constitution to allow a president to serve a third term, specifically enabling incumbent president Donald Trump to serve a third term. The 22nd Amendment of the Constitution states that No person shall be elected to the office of the President more than twice. Trump has expressed interest in a third term, and his allies have supported this, despite the constitutional prohibition.
| Characteristics | Values |
|---|---|
| Current US law on presidential terms | No person shall be elected to the office of President more than twice |
| Current US President | Donald Trump |
| Number of terms Trump has served | Two non-consecutive terms |
| Possibility of Trump serving a third term | Trump is constitutionally barred from serving a third term |
| Attempts to allow Trump to serve a third term | Rep. Andy Ogles proposed a House Joint Resolution to amend the Constitution to allow a President to be elected for up to three terms |
| Requirements for the resolution to be sent to the Archivist of the United States | Two-thirds majority vote in both the House of Representatives and the Senate |
| Requirements for the resolution to become part of the Constitution | 38 states must ratify the amendment |
| Trump's stance on a third term | Trump has expressed interest in serving a third term but later said he would "probably not" run |
| Other ways Trump could stay in power | Repealing the amendment, running for vice president and ascending to the presidency, or encouraging a family member to become president |
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What You'll Learn
Trump's willingness to amend the constitution
The 22nd Amendment of the Constitution states that "No person shall be elected to the office of the President more than twice". However, in January 2025, three days after Trump was sworn in as president for a second, non-consecutive term, Representative Andy Ogles introduced a joint resolution proposing a constitutional amendment that would allow a president to serve a third term, provided that their first two are non-consecutive. This amendment was specifically designed to allow Trump to serve a third term.
Trump's willingness to entertain the idea of a third term is not surprising to those who know him. He has demonstrated an extraordinary ability to speak about topics that are typically considered off-limits, including amending the Constitution to allow himself more time in office. Trump has also shown a willingness to reshape the political agenda and challenge constitutional assumptions, norms, and constraints. He has been accused of attempting to establish an imperial presidency, threatening the system of checks and balances, and using government power to stifle dissent.
Trump's supporters, such as Congressman Ogles, have argued that Trump's leadership is decisive and bold, and that he must be given more time to accomplish his goals. They believe that Trump has proven himself capable of reversing the nation's decay and restoring America to greatness. Ogles also stated that Trump's loyalty lies with the American people and that he must be provided with every resource necessary to correct the disastrous course set by the Biden administration.
To amend the Constitution, a resolution must receive a two-thirds majority vote in both the House of Representatives and the Senate. Following this, three-fourths of the states (38) must ratify the amendment for it to become part of the Constitution. While Trump himself has stated that he would probably not run for a third term, he and his allies have floated the idea, and his supporters are actively working towards amending the Constitution to make it a possibility.
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The 22nd Amendment prohibits third terms
The 22nd Amendment of the United States Constitution clearly prohibits any president from serving more than two terms in office. The amendment was introduced to prevent a president from serving unlimited terms and accumulating too much power. The amendment states that "No person shall be elected to the office of the President more than twice".
The 22nd Amendment was introduced in 1940 and 1944 after Franklin D. Roosevelt was elected for a third and fourth term. The amendment has successfully barred six twice-elected presidents from election to a third term: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama.
Donald Trump is also constitutionally barred from seeking a third term, despite his two terms being non-consecutive. In 2025, Representative Andy Ogles proposed an amendment to the Constitution to revise the limitations imposed by the 22nd Amendment and allow Trump to serve a third term. The amendment would allow a president to be elected for up to three terms, provided that their first two are non-consecutive.
Trump's supporters argue that he needs to be given more time to correct the disastrous course set by the Biden administration and that he has proven himself to be a bold leader who can restore America to greatness. However, Trump's willingness to even consider a third term is seen by some as yet another example of his flagrant disregard for constitutional norms and his attempts to build an authoritarian presidency.
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Trump's authoritarian tendencies
The 22nd Amendment of the Constitution currently bars Donald Trump from serving a third term as President of the United States. However, in January 2025, Representative Andy Ogles proposed 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.
Trump has also taken actions to consolidate power, such as using broad executive discretion over immigration enforcement to turn ICE into a personal goon squad. He has also made strides toward authoritarian power by declaring a national emergency at the southern border, deploying additional troops, and expediting the completion of the border wall. Trump has also broken the chains of DEI by eliminating federal programs and reaffirming legally that there are only two genders, male and female.
In addition, Trump has shown a willingness to undermine democratic norms, such as when he refused to concede the 2020 election and incited an insurrection. He has also aligned himself with authoritarian regimes, such as Russia and El Salvador, and has been criticised for his administration's handling of asylum seekers and migrants.
Trump's supporters, including Congressman Ogles, have praised his bold and decisive leadership and loyalty to the American people. They argue that Trump must be given the time and resources necessary to correct the disastrous course set by the Biden administration and restore the republic. However, critics argue that Trump's actions and tendencies pose a severe threat to American democracy and must be understood and addressed.
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The legislative process to amend the constitution
The legislative process to amend the US Constitution is outlined in Article V of the Constitution. The process involves two stages: proposal and ratification.
Proposal Stage
The first method for proposing an amendment is through Congress, where a two-thirds majority vote in both the House of Representatives and the Senate is required. This proposal takes the form of a joint resolution, which is then forwarded to the National Archives and Records Administration's (NARA) Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it.
The second method, which has never been used, involves a constitutional convention called for by two-thirds of the State legislatures. Congress then calls this convention to propose amendments.
Ratification Stage
Once an amendment is proposed, the Archivist of the United States, who heads NARA, administers the ratification process. The Archivist has delegated many duties associated with this function to the Director of the Federal Register. The Director examines ratification documents for legal sufficiency and an authenticating signature.
For an amendment to become part of the Constitution, it must be ratified by three-fourths of the States (38 out of 50 States). The Governors formally submit the amendment to their State legislatures, and upon ratification, the State sends an original or certified copy of the action to the Archivist.
The OFR drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and serves as official notice to Congress and the Nation that the amendment process is complete.
Application to Trump's Third Term
In January 2025, Representative Andy Ogles introduced a joint resolution proposing a constitutional amendment to allow a president to serve a third term if their first two terms were non-consecutive. This resolution specifically targets incumbent President Donald Trump, who was elected for a second, non-consecutive term. The resolution seeks to amend the 22nd Amendment, which currently prohibits any person from being elected to the office of the President more than twice.
While Trump's openness to a third term is not surprising to some, amending the Constitution is a complex and lengthy process. The proposed amendment must pass through the proposal and ratification stages, receiving the necessary votes and support from a significant portion of the States.
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Historical precedent for two-term limits
The two-term limit for US presidents was established by the Twenty-second Amendment (Amendment XXII) to the US Constitution, which was ratified on February 27, 1951. This amendment was passed in response to Franklin D. Roosevelt's unprecedented four terms as president, which raised concerns about a president serving unlimited terms. Roosevelt was elected to a third term in 1940 and a fourth term in 1944, with his long tenure justified by his leadership during the Great Depression and World War II.
However, the idea of a two-term limit had been contemplated since the early days of the US presidency. During the Constitutional Convention, Alexander Hamilton and James Madison envisioned a president who would be nominated by Congress and serve for life. This idea was dismissed, and it was decided that the president would be elected by the people and not bound by term limits. Nonetheless, the first president, George Washington, established a two-term tradition when he voluntarily stepped down after two terms, believing he had accomplished his major goals and citing his declining health and exhaustion from public service.
Thomas Jefferson, the third president, also chose not to run for a third term, echoing Washington's concerns about the presidency becoming a de facto lifetime position. In the early to mid-19th century, several amendments to establish a two-term limit were proposed in Congress, but none passed. The two-term tradition was largely adhered to by subsequent presidents, with three of the next four presidents after Jefferson—Madison, James Monroe, and Andrew Jackson—serving two terms each.
The unique circumstances of the 20th century, including the Great Depression, World War II, and Roosevelt's extended tenure, brought the issue of term limits to the fore once again. In 1947, two years after Roosevelt's death, the House of Representatives proposed Joint Resolution 27, officially setting a limit of two four-year terms for all future presidents. This became the Twenty-second Amendment, which has barred six twice-elected presidents from seeking a third term: Dwight D. Eisenhower, Richard Nixon, Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama.
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Frequently asked questions
The 22nd Amendment of the Constitution states that "No person shall be elected to the office of the President more than twice".
The 22nd Amendment bars former President Trump from serving a third term in office, despite his two terms being non-consecutive.
Trump has repeatedly threatened to serve a third term, and his allies have floated the idea of amending the 22nd Amendment to allow him to do so. In January 2025, Representative Andy Ogles introduced a joint resolution proposing a constitutional amendment that would allow a president to serve a third term, provided that their first two are non-consecutive.
