Malcolm Rivera
In December 2022, Donald Trump was criticized for suggesting that the termination of all rules, regulations, and articles, even those found in the Constitution was justified due to his baseless claim that he lost the 2020 election due to widespread voter fraud. Trump later attempted to walk back his statement, claiming that the media was trying to misconstrue his words. However, this incident, along with his comments on immigration and deportation, where he expressed uncertainty about upholding the US Constitution's right to due process, has raised questions about his stance on constitutional rights and his commitment to protecting them.
| Characteristics | Values |
|---|---|
| Trump's stance on serving a third term | Trump has repeatedly teased running for a third term, which is prohibited by the US Constitution. He has also refused to rule out the possibility of seeking a fourth term. |
| Trump's knowledge of the Constitution | Trump has claimed he is unaware of the constitutional rules regarding a third term, saying "I don't know if that's constitutional that they're not allowing you to do it or anything else." |
| Trump's stance on upholding the Constitution | Trump has questioned whether it is his job to uphold the Constitution, specifically regarding due process rights for immigrants. He has suggested that following the Constitution may hinder his agenda, such as his mass deportation program. |
| Loopholes in the Constitution | Some Trump supporters and legal experts have pointed out potential loopholes in the 22nd Amendment, which could theoretically allow Trump to serve a third term. However, exploiting these loopholes would be challenging and unprecedented. |
| Trump's supporters' views | Trump has claimed that there is significant support for him to run for a third term, and some of his supporters have called for it. However, polls indicate that Americans are divided, with many disapproving of his performance. |
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What You'll Learn
Trump's stance on the US Constitution and the right to due process
In a televised interview with NBC's Meet the Press, US President Donald Trump said he did not know whether it was his job to uphold the US Constitution when it came to giving immigrants the right to due process. When asked by interviewer Kristen Welker whether everyone on American soil was entitled to due process, Trump replied:
> "I don't know. I'm not, I'm not a lawyer. I don't know."
Trump's comments come amid legal challenges to his administration's agenda, particularly his aggressive deportation campaign. In the same interview, Trump also said he was not considering a third presidential term, which experts agree is banned under the US Constitution. Trump has previously teased running for a third term, in violation of the 22nd Amendment to the Constitution, which limits presidents to two terms. However, some supporters have suggested a loophole in the Constitution, which has not been tested in court. Trump has also claimed that there are methods to achieve a third term, although he has not provided specifics.
In conclusion, Trump's comments on the US Constitution and the right to due process have raised questions about his commitment to upholding the Constitution. While he has denied seeking a third term, his previous statements and the existence of potential loopholes in the Constitution have sparked concerns about his respect for the country's democratic norms.
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Trump's deportation campaign and the Fifth Amendment
In a televised interview with NBC's Meet the Press, President Donald Trump was asked whether he needed to uphold the US Constitution when it comes to giving immigrants the right to due process. Trump replied, "I don't know. I'm not, I'm not a lawyer. I don't know," adding that such a requirement would mean we'd have to have a million or 2 million or 3 million trials."
Trump's response comes amid legal challenges to his administration's aggressive deportation campaign, which aims to deport "some very bad people," including "killers, murderers, and drug dealers." The president has argued that fulfilling his campaign promise of rapid mass deportations may take precedence over giving immigrants the right to due process, as required by courts.
The Fifth Amendment of the US Constitution states that "no person" shall be "deprived of life, liberty, or property, without due process of law." While it does not specify that the person must be a US citizen, Trump has suggested that upholding this right for immigrants would slow down his deportation agenda.
Trump's administration has explored various options to expedite the deportation process, including asking Congress to amend immigration laws and expand resources for immigration judges. They have also invoked the 1798 Alien Enemies Act to deport alleged members of the Venezuelan gang Tren de Aragua without following the usual legal processes. However, this approach has faced legal challenges, with US District Judge James Boasberg temporarily blocking the use of the Alien Enemies Act in deportations.
Despite the legal obstacles, Trump has maintained that he will not seek a third presidential term, which experts agree is prohibited by the US Constitution.
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Trump's supporters suggest a loophole in the Constitution
While Trump has denied that he is considering a third presidential term, he has also said that he does not know whether it is constitutional to prohibit him from doing so. He has also expressed uncertainty about whether it is his job to uphold the Constitution, particularly in regard to giving immigrants the right of due process.
Some Trump supporters have suggested that there is a loophole in the Constitution that would allow him to serve a third term. This argument was published in the* Daily Mail*, which cited a 1999 law review article from the *Minnesota Law Review*. The article, co-authored by Bruce Peabody, now a professor of politics at Fairleigh Dickinson University, argued that the 22nd Amendment has been misunderstood. It states that the use of the word "elected" in the 22nd Amendment means that a president who has already served two terms is not prohibited from serving a third.
However, legal scholars have disputed this interpretation, calling it ""implausible" and saying that it "defeats the clear intent" of the amendment. David A. Super, a professor of law and economics at Georgetown University Law Center, said that the argument put forward by the *Daily Mail* is "implausible, primarily because of its clear misinterpretation" of the 12th Amendment.
When asked by NBC whether anyone had approached him with these theories, Trump deflected, answering that "in a capacity of being a big supporter, many people have said different things".
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Trump's potential third term and the 22nd Amendment
There has been much speculation about Donald Trump's potential third term as president, which would require amending the US Constitution. The 22nd Amendment to the Constitution states that "no person shall be elected to the office of the President more than twice". Trump was elected in 2016 and again in 2024, and in March 2025, he did not rule out the possibility of seeking reelection in 2028. When asked by NBC News if he wanted a third term, Trump responded, "I like working... I'm not joking... But I'm not—it is far too early to think about it... There are methods which you could do it."
Trump's refusal to definitively rule out a third term has fuelled speculation and concern among both his supporters and opponents. Some Trump supporters, such as Republican Congressman Andy Ogles of Tennessee, have proposed amending the 22nd Amendment to allow Trump to serve a third term. Ogles introduced a House resolution in January 2025, specifically tailored to permit Trump to serve three terms while preventing the three living two-term former presidents from doing the same. Ogles justified his proposal by praising Trump's leadership and arguing that he must be given more time to correct the alleged mistakes of the Biden administration.
However, amending the Constitution is a challenging and polarizing task, requiring approval from two-thirds of both the Senate and the House of Representatives, as well as support from three-quarters of state-level governments. Despite Trump's hints and his supporters' efforts, many consider a third term highly unlikely due to the significant hurdles in place. Former Republican House Speaker Newt Gingrich stated, "He's not going to run for another term... Trump has reason to talk about it: Don't underestimate the degree to which he believes any Trump-centered noise is good because it starves his opponents."
Trump himself has sent mixed signals about his intentions. While he acknowledged the strong support for his third term, he also stated that he plans to have "four great years" and pass the torch to another Republican. Additionally, he has described his statements about a third term as trolling the "fake news media". Nevertheless, Trump's company, the Trump Organization, has been selling "Trump 2028" merchandise, keeping the speculation alive.
Trump's stance on the Constitution has also been ambiguous. When asked if it was his job to uphold the Constitution, he responded, "I don't know. I have to respond by saying, again, I have brilliant lawyers that work for me, and they are going to obviously follow what the Supreme Court said." This uncertainty about his commitment to the Constitution, combined with his potential third-term ambitions, has raised concerns among some observers.
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Trump's relationship with the media and his supporters
In terms of Trump's relationship with the media, he has used social media as a forum for his nonstop haranguing and score-settling. His posts on Truth Social, the social media platform he founded in 2021, have become increasingly bizarre. Trump has used the platform to reimagine himself as a king and to urge Americans to "BE COOL!" as the stock market tanked in the wake of his trade war. His use of capital letters, punctuation, and inaccurate spelling is consistent across his messages. Trump's posts can be broadly categorized into attacking perceived foes, reposting praise, and posting no-context images or videos of himself.
Trump's relationship with his supporters is a complex one. While he continues to receive high marks from his strongest supporters, several of his key policy actions are viewed more negatively than positively by the public. For instance, 59% of Americans disapprove of the administration's tariff increases, while 55% disapprove of the cuts the administration is making to federal departments and agencies. Trump's use of executive authority has also been criticized, with 51% of US adults saying he is setting too much policy via executive order.
Despite this, Trump's supporters seem willing to concede points on which they disagree with him. It is unlikely that a romantic partner agrees with every decision or tweet from the president, just as one probably doesn't have a hard time seeing the negatives of their favorite political party and politicians. Trump's supporters recognize his complexity and remain unapologetically supportive of his presidency.
Trump's approval rating of 40% is on par with his rating at the same point in his first term. Confidence in Trump's handling of the economy has declined, with 45% expressing confidence in his ability to make good decisions about the economy, his lowest rating on this measure in Pew Research Center surveys dating back to 2019. However, Trump's economic rating remains higher than Biden's was throughout his presidency. About half (48%) express confidence in Trump on immigration, his highest-rated issue.
Trump has also made controversial statements regarding the Constitution, claiming that he does not know whether it is his job to uphold it and wavering when asked if every person on American soil was entitled to due process. He has also tried to eliminate the arts endowment during his first term in office.
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Frequently asked questions
Trump has never explicitly stated that he wants to do away with the Constitution, but he has questioned whether it is his job to uphold it. He has also suggested that the ""termination of all rules, regulations, and articles, even those found in the Constitution"" is merited in the case of "massive and widespread fraud and deception" in an election.
Trump has not tried to amend the Constitution, but he has acknowledged that some people want him to serve a third term, which is prohibited by the 22nd Amendment. He has also refused to rule out the possibility of serving a third term, stating that he does not know if the prohibition is constitutional.
Yes, there have been calls to reaffirm the 22nd Amendment's prohibition on a third term in response to suggestions that Trump could serve a third term.
Trump's comments about the Constitution have been met with condemnation and criticism. Some have called his statements "strange and extreme," while others have said that they are "anti-democratic." His comments have also been described as an "attack on the Constitution and all it stands for."
