Forget two terms, experts say Donald Trump could legally stay president until 2037, thanks to a constitutional loophole; here are more details on it

Donald Trump could legally return to the White House for a third term. A loophole in the 22nd Amendment suggests that while a president cannot be elected more than twice, they can still assume the role through succession. This scenario is gaining attention among legal experts and Trump supporters.

How the Loophole Works?

The 22nd Amendment states that no person can be "elected" as president more than twice. However, it does not prevent someone from assuming the role through succession. If Trump runs as a vice-presidential candidate and his running mate resigns, he could take over as president again.

Legal experts point out that the amendment does not explicitly prohibit this. If Trump follows this strategy, he could continue serving in the White House beyond 2029 and potentially until 2037.


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Potential Strategy for a Third Term

Trump could run in 2028 as a vice-presidential candidate, with a nominee like JD Vance leading the ticket. If the ticket wins, Vance could resign immediately after inauguration, making Trump president. This strategy would not violate the constitutional ban on being "elected" more than twice.

This process could be repeated in 2032. If Trump resigns before the election, he could again run as vice president and reclaim the presidency through the same succession process.

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Supreme Court’s Role

Opponents may challenge this plan in court. They could argue it violates the spirit of the 22nd Amendment. However, legal scholars suggest the Supreme Court might rule based on the text of the Constitution rather than its intent. The conservative-leaning court may focus on the definition of "elected," which does not explicitly bar a former president from returning through succession.

FAQs

Could Trump legally return as president through this loophole?
Yes. The 22nd Amendment prevents election beyond two terms but does not prohibit assuming office through succession.

Would the Supreme Court likely rule against this strategy?
The court may focus on the amendment's wording. If Trump follows a legal process, it would be hard to overturn.