Omar Bennett
In 2025, Donald Trump hinted at the possibility of serving a third term as President of the United States, which would require an amendment to the US Constitution. Congressman Andy Ogles introduced a House Joint Resolution to amend the Constitution to allow a President to be elected for up to three terms. This resolution faces steep odds, requiring a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification by three-fourths of US states. Trump has also attempted to rewrite parts of the Constitution, such as the 14th Amendment, by issuing executive orders that have been deemed blatantly unconstitutional. Trump's efforts to amend the Constitution are compared to those of autocratic leaders, and his administration's actions in the early days of his second term have been described as an attempt to create a counter-constitution.
| Characteristics | Values |
|---|---|
| Possibility of a third term for Trump | Unlikely, as it requires a two-thirds majority vote in the House of Representatives and the Senate, and ratification by 38 states |
| Trump's interpretation of the Constitution | The Constitution vests all executive power in the President, who can remove subordinate executive branch officials and decide which laws to enforce or ignore |
| Trump's actions to change the Constitution | Packing the Supreme Court with friendly judges, issuing executive orders, attempting to eliminate birthright citizenship |
| Difficulty of amending the Constitution | Very difficult; it has only been amended 27 times in history, with no changes since 1992 |
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What You'll Learn
Trump's attempt to amend the 14th Amendment
The 14th Amendment to the U.S. Constitution, which was ratified in 1868, guarantees birthright citizenship. The amendment states that "all persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside".
Despite the long history of judges upholding its place in the Constitution, Trump has attempted to argue for the end of birthright citizenship. He signed an executive order seeking to end birthright citizenship by claiming that people born in the U.S. to many types of non-citizen parents are "not 'subject to the jurisdiction thereof,' or subject to American jurisdiction".
Trump's legal team has also argued that the Colorado State Supreme Court was barred from considering Trump's eligibility because the president was not "an officer of the United States" and did not take the oath of office specified in the 14th Amendment. They further argued that legislation was required to enforce any ban under the 14th Amendment.
The Colorado Supreme Court, however, disagreed with Trump's interpretation, stating that Congress did not need to enact legislation to put the Disqualification Clause into effect. The court also concluded that the events of January 6 were an insurrection that Trump "engaged" in through his actions.
In addition to his efforts to end birthright citizenship, there have been discussions about a constitutional amendment to allow Trump a third term in office. This amendment was introduced in the House, but it faces long odds against success as it requires a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification by three-fourths of the states.
Trump's attempts to amend the Constitution also extend beyond the 14th Amendment. He has been accused of trying to change the Constitution quickly, following the example of autocratic leaders who rewrote their constitutions. Trump has packed the Supreme Court with judges sympathetic to his constitutional vision and has made controversial constitutional claims.
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Trump's third term
The US Constitution limits presidents to two terms in office. However, Donald Trump has hinted at the possibility of serving a third term as president. In March 2025, Trump told NBC News that there were methods he could take to serve another term, adding that he was "not joking".
One method Trump could attempt is to garner enough political support to repeal the 22nd Amendment, which stipulates that "no person shall be elected to the office of the President more than twice". However, this would be extremely challenging as it would require a two-thirds majority in both the House and the Senate, as well as ratification by three-fourths of state legislatures. Some Republicans have sought to introduce such an amendment, but it is unlikely to succeed.
Another strategy suggested by Trump's allies is for him to run as the vice-presidential candidate alongside the Republican nominee. If they win, the presidential nominee could step aside, allowing Trump to become president without technically being elected to a third term.
Trump's talk of a third term may be a tactic to maintain his political relevance and influence, keeping the spotlight on him and preventing him from being seen as a "lame duck" president. However, any attempt to return to the White House would likely face significant backlash and legal challenges.
While Trump has not formally announced a campaign for a third term, he has sold "Trump 2028" merchandise and his supporters continue to promote the idea of him serving another term. Despite this, Trump has also stated that he will probably not seek a third term.
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Trump's counter-constitution
Citizenship and Immigration
Within the first 24 hours of his presidency, Trump signed an executive order attempting to reinterpret the 14th Amendment's guarantee of birthright citizenship. The order asserted that children of undocumented immigrants are not citizens "subject to the jurisdiction" of American laws and therefore not protected by the 14th Amendment. This interpretation contradicts over a century of case law, constitutional precedent, and existing government policy.
Packing the Supreme Court
Trump has also attempted to "pack" the Supreme Court with judges sympathetic to his constitutional vision. This strategy aims to increase the likelihood that the Court will uphold his executive orders and support his agenda, despite potential conflicts with the Constitution.
Presidential Term Limits
Trump has hinted at the possibility of serving a third term as president, which would require amending the 22nd Amendment. Congressman Andy Ogles introduced a House Joint Resolution to amend the Constitution to allow a President to serve up to three terms. This resolution faced long odds, requiring a two-thirds majority in both the House and the Senate and ratification by three-fourths of the states.
Voting and Elections
Trump has also sought significant changes to the way elections are conducted in the US, promoting false information about voting fraud and conspiracy theories about his 2020 election loss. However, the Constitution does not give the President a direct say over elections, and any changes to election procedures are primarily the purview of Congress and individual states.
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Trump's power to amend the Constitution
The US Constitution has been amended 27 times in its history, with no changes made since 1992. The Constitution is practically impossible to amend. For a resolution to amend the Constitution, it 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.
Trump has hinted at the possibility of serving a third term in office, which would require a constitutional amendment. Congressman Andy Ogles introduced a House Joint Resolution to amend the Constitution to allow a President to be elected for up to three terms. The resolution aims to revise the limitations imposed by the 22nd Amendment, which states that "No person shall be elected to the office of the President more than twice." However, the resolution faces long odds against success due to the high thresholds required for amending the Constitution.
Trump has also attempted to rewrite parts of the Constitution, such as the 14th Amendment, by issuing executive orders. His administration's interpretation of the "jurisdiction" line regarding birthright citizenship has been challenged by constitutional experts and existing case law. Trump's actions have been described as creating a counter-constitution, an alternative constitutional reality proposed in place of the current Constitution.
While Trump has sought significant changes in various areas, such as voting procedures, the Constitution does not grant the president a say over elections. The power to make or alter rules for federal elections lies with Congress and the states. Trump's attempts to make changes through executive orders have faced legal challenges, with federal courts issuing temporary restraining orders or injunctions.
In summary, Trump does not have the power to amend the Constitution unilaterally. Any amendments require approval from Congress and ratification by a significant majority of states. Trump's efforts to reinterpret or circumvent constitutional provisions through executive actions have faced legal and political obstacles.
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Trump's voting changes
Trump has attempted to make significant changes to the US Constitution, despite the difficulty in amending it. The Constitution has only been amended 27 times in its history, with no changes made since 1992.
One of Trump's most notable attempts to amend the Constitution involves his pursuit of a third term in office. The 22nd Amendment of the Constitution states that "No person shall be elected to the office of the President more than twice." However, Congressman Andy Ogles introduced a House Joint Resolution to amend the Constitution and allow a President to serve up to three terms. Ogles justified his proposal by praising Trump's leadership and expressing a desire to provide him with the necessary resources to correct the alleged mistakes of the Biden administration.
In addition to seeking a third term, Trump has also attempted to rewrite parts of the Constitution. Less than 24 hours after taking office for his second term, Trump signed an executive order that sparked controversy and raised questions about birthright citizenship. Trump's administration argued that children of undocumented immigrants are not citizens "subject to the jurisdiction" of American laws and are therefore not protected by the 14th Amendment. This interpretation contradicted existing case law, constitutional experts, and government policy. The Supreme Court has not yet provided a definitive ruling on this matter.
Trump has also sought significant voting changes, despite the Constitution granting states the power to determine the "time, place, and manner" of elections. Trump has promoted false information about voting fraud due to mail voting, which remains popular and is used by about one-third of voters. He has also targeted voting machines, which are utilized in almost all election jurisdictions across the country. Trump's efforts to impose his preferred election methods face legal challenges, as Washington and Oregon have sued to challenge his executive overreach.
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Frequently asked questions
No, Trump cannot amend the constitution.
Trump has attempted to amend the constitution by signing an executive order to end birthright citizenship for children of undocumented immigrants. This was challenged in court by a coalition of attorneys general who claimed it was "blatantly unconstitutional".
For a resolution to amend the Constitution, it 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.
Yes, Trump has also tried to make changes to the way elections are conducted in the U.S. However, the Constitution does not give the president a say over elections.
