Could a Loophole Keep Trump President for 12 More Years?

A loophole in the 22nd Amendment could allow Donald Trump to become president again through succession. If he runs as vice president in 2028 and his running mate resigns, he could assume the presidency. Legal challenges may arise, but the Supreme Court might rule based on constitutional wording.

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Could a Loophole Keep Trump President for 12 More Years?

Donald Trump has taken oath as U.S. President for a second term, but might he come back for a third? A loophole in the 22nd Amendment implies that though a president can be elected not more than twice, they might still come into office through succession.

The 22nd Amendment tells us that nobody can be “elected” president more than twice. That does not explicitly exclude a president from being a president again in the future if he were chosen by succession after serving two terms. As told by the Daily Mail, upon finishing his second term, Trump might be nominated as a vice-presidential candidate. If Trump’s running mate resigned after getting into office, Trump might regain the presidency once more.

If he does so, Trump can remain in the White House past 2029 and even up to 2037. He might, for example, stand as a candidate for vice president in 2028, with JD Vance heading the ticket. If they both win, Vance would step down after being sworn in, making Trump president. The cycle might then be followed in 2032, Trump might step down ahead of the election, stand again as vice president, and take back the presidency through succession.

Although this approach does not directly contravene the constitutional stipulation against being elected more than twice, it is likely to be taken to court. The proposal might be challenged in court on grounds that it contravenes the spirit of the 22nd Amendment. Nevertheless, legal analysts indicate that the Supreme Court may rule based solely on the letter of the Constitution, which does not precisely preclude a former head of state from taking back the seat via inheritance.