Can Donald Trump Serve a Third Term?

Because this question keeps getting raised, let’s take a quick look at whether Donald Trump can serve more than 8 years in office.

The 22^nd Amendment to the United States Constitution (which was ratified by the states in 1951 after former President FDR was elected 4 times, and the only one to serve more than 2 terms) provides in full: “No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once.”

Trump’s and his supporters’ likely argument hinges on a single word: “elected.” Their argument is basically, if he were elected as Vice President, he could “serve” again upon the removal, death, resignation, or inability of the President to serve. That would allow him to serve a third or more terms in our country’s highest office.

The federal Constitution in Article II, Section 1, says, in part: “In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, …”

So, Trump and his supporters would argue that he could be elected VP (along with a President Vance, for example), and then take over the office of the Presidency after the President were to step down or be removed from office.

Would such a scenario violate the spirit of the 22^nd Amendment? Of course, it would. Would it violate the language of the 22^nd Amendment? Who knows? That answer would be left to the current U.S. Supreme Court, which has already granted this President immunity from liability for alleged “official acts.”

Could this happen in California with the office of the Governor? Fortunately, no. By way of contrast, California’s Constitution, Article V, Section 2 says, in part: “No Governor may serve more than 2 terms.” With each term being set at four years, no one could serve as California Governor for more than 8 years (Yes, Jerry Brown did so, but that is because the term limits law came into effect after he had already served two terms).