Prior to Franklin D. Roosevelt, no president had served more than two terms – a tradition started by George Washington and respected for more than 150 years.

But Roosevelt was elected four times, serving from 1933 until his death in 1945. In response, legislators moved to pass the 22nd Amendment, which was ratified by the states in 1951. The goal was to codify the two-term tradition and prevent any future president from holding office for more than two terms.

How could Trump try to circumvent the 22nd Amendment?

The most commonly discussed loophole involves Trump running as vice president in 2028. If a Republican is elected president and then resigns, dies, or is removed from office, Trump could theoretically succeed to the presidency.

This concept is based on a narrow reading of the 22nd Amendment, which bars a person from being elected more than twice – not from serving more than two terms. Supporters of this theory argue that the amendment might not prohibit Trump from becoming president through the line of succession.

Some legal scholars reject this as a viable option, including constitutional law expert Bruce Fein.

“There are zero constitutional methods to circumvent the 22nd Amendment,” Fein told Al Jazeera.

Fein warned that if Trump seeks to go against the 22nd Amendment, there might be few other limits the president sticks to, in his bid to hold on to power.

“Trump hopes to torch the Constitution and coronate himself as king in the manner of Napoleon’s… self-coronation as Emperor in 1804,” Fein said. “If Trump flouts the 22nd Amendment, he will have no scruples defying court orders … summoning the military to arrest and imprison judges, legislators, and political opponents.”
One specific limitation on Trump using the wording of the 22nd Amendment as a loophole? The 12th Amendment, say some scholars.

What is the 12th Amendment?

The 12th Amendment states that “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”

In plain terms, if Trump is no longer eligible to be president, having already served two terms, then he cannot be vice president either, according to the dominant interpretation of this amendment.

“Trump would also be barred from running for VP under the 12th Amendment because he would be ineligible for the presidency,” Fein confirmed.

Courts might therefore interpret Trump’s nomination as vice president as a direct violation of constitutional intent.

Can the 22nd Amendment be revoked?

In theory, yes. But it’s extremely unlikely.

Revoking the 22nd Amendment would require a constitutional amendment: Two-thirds support in both the House and Senate, followed by ratification from three-fourths of state legislatures (38 out of 50 states).

Currently, Republicans control only about 28 state legislatures – far short of the required number. In Congress, Trump’s party does not have the necessary two-thirds support in either chamber.

Madina Mammadova\\EDnews