Exploring the Possibility of a Third Presidential Term
Discussing the feasibility of amending the Constitution for a third presidential term. Insights from experts on legal and historical perspectives.
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GOP bill proposes amendment that would allow presidents to run for 3rd term
Added on 01/27/2025
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Speaker 1: Time now for our social story. We asked you what topic you'd like us to take a deeper dive into, and you chose between President Trump's executive order to declassify documents related to the JFK assassination, Martin Luther King Jr. assassination, among others, second option, whether a third term for president is possible, and lastly, a breakdown of this weekend's NFL Conference Championship games. You chose, could a resolution to amend the U.S. Constitution allow President Trump and other future presidents a third term in office? Interesting question. During a rally in Las Vegas today, Trump jokingly mentioned serving a third term. This comes just days after a House Republican is seeking to pave the way for the president to do just that.

Speaker 2: I didn't make any stops along the way. It will be the greatest honor of my life to serve not once, but twice, or three times, or four times, sir. Hitlers, hitlers, hitlers from the fake news. Now it will be to serve twice. For the next four years, I will not rest, I will not yield, and together we will not fail. We will win, win, win. We will bring back the American dream. We're gonna bring it back.

Speaker 1: All right, joining me now is ABC News legal contributor and constitutional law professor, Kim Whaley. Kim, thanks for taking the time to talk about this. President Trump says he's joking when it comes to this. He said that clearly today. But on Thursday, Tennessee Congressman Andy Ogles proposed a resolution to amend the Constitution, allowing him to seek a third term in office. What does the Constitution say about term limits for presidents? Just for starters.

Speaker 3: The 22nd Amendment says that it's two terms. That was an amendment that was added to the Constitution after FDR, President Roosevelt, served four terms. It also says that if the president passes away in office, vice president becomes president, that person could finish that term. And then the 12th Amendment says if you're ineligible to be president, you cannot be vice president.

Speaker 1: So as far as support goes, this effort faces obviously long odds of success. What does it take to amend the Constitution? I understand that's a very hard thing to do. And could someone get around the 22nd Amendment?

Speaker 3: So it's only happened 27 times in American history. There's two ways. Like what happened here, a member of Congress can issue a proposal in Congress, and then you would have to have super majorities in both houses of Congress. Two thirds of House and Senate. So you'd have to get a lot of Democratic support. And then it has to go to the states. And three quarters of the state legislators have to also ratify that constitutional amendment. The other alternative is to hold a constitutional convention. We haven't seen that fill since 1787. Now there is an argument floating around. I think it's not a strong one. It's kind of absurd, really, in my view, that if Donald Trump or someone else were to get himself on the ballot for the third term, and someone were to sue and say no, the 22nd Amendment bans that. Some lawyers are making these very creative arguments around that, essentially saying, well, if J.D. Vance were to run as president and Donald Trump were VP, he could then ascend to the presidency if J.D. Vance were to step down. But as I said, Phil, that 12th Amendment, that's a problem for that argument because it does say if you're not eligible for president, you cannot run for vice president. So that would ban Donald Trump to be vice president on a ticket for J.D. Vance after he's served two terms in office already.

Speaker 1: Right, and even using the term ascend to the presidency sounds odd for America. President Trump has hinted his willingness to serve. I mean, he did say he was joking. But there is actually one president who did serve more than two terms. You mentioned it, Franklin Roosevelt. What was different back then and why was the 22nd Amendment added in 1951?

Speaker 3: There was a concern about an imperial presidency. And at the time, George Washington, the first American president, was invited to become a king and he turned it down. And there was more of a basic just sort of agreement to only serve two terms. And then, of course, FDR got America through the Second World War, the rise of fascism globally, along with Winston Churchill. And people elected him over and over again because in the Great Depression, he was a transformative figure in American history at a time when Americans were really suffering. But after that, people in Congress were concerned about that sort of precedent. Because remember, Phil, if you've seen the musical Hamilton or Schoolhouse Rock in the 70s, it's no more kings in America. That's pretty well established.

Speaker 1: And so if you were, just quickly, if you were out in Vegas with the president today and someone asked you to put down a bet on it, odds that the Constitution would be changed for a third term?

Speaker 3: Almost 0%.

Speaker 1: Almost 0%. All right, Kim Whaley, thank you so much. Appreciate your time.

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