President Trump has often presented conflicting ideas regarding the possibility of pursuing what would be an unconstitutional third term. His comments should not simply be brushed off as jokes or trolling.
There’s a genuine risk that he might attempt to cling to power unlawfully, which would seriously jeopardize the foundations of our constitutional democracy.
Recently, Trump’s advisor Steve Bannon noted that Trump expressed his intention to secure a third term and mentioned having a plan to do so, although he didn’t elaborate on what that plan involves.
During his recent trip to Asia, Trump didn’t dismiss the idea of seeking an unconstitutional third term, stating, “I definitely want to do that.” Just days later, he remarked on the 22nd Amendment, saying, “If you read it, it’s pretty self-explanatory. I’m not allowed to run. That’s unfortunate.” This amendment restricts presidents to two terms.
With so many misleading statements, it’s quite tough to discern Trump’s true motives.
This is concerning. After all, we are governed by laws, and the Constitution explicitly sets limits on presidential authority and terms. However, Trump’s position as the only convicted felon holding the presidency raises serious questions about his respect for the rule of law. We should remain cautious and vigilant regarding his actions to maintain power, potentially diminishing constitutional rights and misusing governmental resources.
Thus far in his second term, Trump has taken extraordinary and at times unconstitutional actions to govern in a manner reminiscent of a monarch, claiming powers traditionally reserved for Congress and challenging judicial rulings that displease him. This assertiveness has surprised many Americans.
His actions include levying tariffs on various countries without Congressional approval, declaring methods like diversity and inclusion programs as illegal, targeting alleged drug traffickers with military force, and mobilizing the National Guard in Democrat-led cities, all while using the Department of Justice to pursue political adversaries. Congressional Republicans have generally enabled these actions.
Trump seems to interpret the Constitution selectively, focusing on a distorted understanding of Article 2, which outlines presidential duties.
He has repeatedly stated, “Because of Article II, we can do whatever we want.” This alarming mindset should worry us; a president with such an outlook could disregard Congress and the courts, violating laws while extending his term indefinitely. This kind of rule could dismantle the equally balanced system established by our Constitution.
The rationale behind the 22nd Amendment, which limits the presidency to two terms, seems simple enough for anyone to grasp. Indeed, its text is clear: “No person shall be elected to the office of President more than twice.”
If Trump were to overturn the 22nd Amendment, it would technically allow him to campaign for re-election in 2028, requiring, of course, approval from a two-thirds majority in both the Senate and House and ratification by 38 state legislatures — a daunting and unlikely task, as noted by House Speaker Mike Johnson, who suggested it could take “about 10 years” for such an amendment to be ratified.
There’s also a possibility that Trump may attempt to delay the upcoming presidential election by declaring a national emergency or invoking the Insurrection Act, claiming that the U.S. is facing an “invasion” from violent illegal immigrants or other exaggerated justifications.
However, the Constitution does not permit the postponement of presidential elections. Historical context shows that elections have continued during significant crises, such as the Civil War and World War II.
Recently, Trump stated that he would not seek the vice presidency, instead suggesting he might persuade the winning candidate to resign, so he could reclaim the presidency. The 12th Amendment asserts that “A person who is not constitutionally qualified to hold the office of President shall not be qualified to hold the office of Vice President of the United States.”
A key issue remains whether Trump can convince at least five of the six Republican-appointed justices on the Supreme Court to allow him to remain in power beyond his term.
The high court has already expanded Trump’s authority, albeit in ways disputed by many constitutional experts. We shouldn’t automatically presume that the justices will side with him again, especially if it conflicts with the Constitution.
On a recent day, nearly 7 million protesters rallied against his administration in “no-king” events nationwide, while Trump made controversial posts on his social media platform, showcasing an AI-generated video portraying him as a monarch, complete with a crown and a plane adorned with “KING TRUMP,” while he appeared to spray demonstrators. We must not let such imagery reflect our future.
A. Scott Bolden, an attorney and contributor to NewsNation, along with his prior roles, raises these crucial issues.
