What is the 22nd Amendment of the USA Constitution? Can Trump Run for Office Again in 2028?

After emerging victorious with a staggering 295 electoral votes from all over the US states, Donald Trump has been re-elected as the President of the United States for a second term. His campaign promises to continue focusing on economic growth and national security.

However, the 22nd Amendment of the U.S. Constitution forbids that no person shall be elected to the office of the President more than twice. 

Additionally, 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 the President more than once.

Donald Trump had been elected as the 45th president of the United States, serving one full term and losing his bid for re-election in 2020. Presently, he has won the 2024 presidential elections and is serving his second term as president. 

Therefore, a pressing question arises: Could Trump Run for President Again in 2028? If he were to run again in 2028, it would violate the 22nd Amendment's restriction on serving more than two terms as president. 

What is the 22nd Amendment of the U.S. Constitution?

The Twenty-second Amendment (Amendment XXII) to the United States Constitution imposes limits on the number of terms an individual can serve as President.

It was ratified on February 27, 1951, following its proposal by Congress on March 21, 1947. The amendment was largely a response to Franklin D. Roosevelt's unprecedented four terms in office.

Key Provisions

Section 1

• Term Limits: No person shall be elected to the office of the President more than twice.
• Succession Clause: If someone has held the office of President or acted as President for more than two years of a term to which another person was elected, they may only be elected to the presidency once more.
• Grandfather Clause: The amendment does not apply to anyone who was holding the office of President at the time it was proposed, allowing current officeholders to complete their terms.

Section 2

• Ratification Requirement: The amendment would be inoperative unless ratified by three-fourths of the state legislatures within seven years from its submission.

Historical Context

The push for this amendment arose after Roosevelt's election victories in 1932, 1936, 1940, and 1944, which challenged the long-standing tradition established by George Washington of serving only two terms.

Although few presidents had attempted to serve more than two terms, Roosevelt's actions prompted fears of an "elective monarchy," leading to calls for formal limits on presidential terms.

The Twenty-second Amendment effectively caps presidential service at 10 years for those who succeed to the presidency without being elected (if they serve less than two years of their predecessor's term) and prohibits any individual from being elected president more than twice.

How did the 22nd Amendment come into effect?

The Twenty-second Amendment to the United States Constitution was proposed by Congress on March 21, 1947, and ratified by the states on February 27, 1951. This amendment limits the number of times a person can be elected to the presidency to two terms.

Process of Ratification

• Proposal: The amendment was introduced in response to concerns about Franklin D. Roosevelt's four terms in office. It aimed to formalise the long-standing tradition of limiting presidential terms, which had been established by George Washington's voluntary decision to step down after two terms.
• Congressional Approval: The House of Representatives passed the amendment with a vote of 285-121 on February 6, 1947. The Senate subsequently modified and approved it, ensuring it was sent to state legislatures for ratification.
• State Ratification: For the amendment to take effect, it required ratification by three-fourths (36 out of 48) of the state legislatures within seven years. The process was completed when Minnesota became the 36th state to ratify it on February 27, 1951.
• Certification: Following ratification, Jess Larson, the Administrator of General Services, issued a certificate on March 1, 1951, officially proclaiming the Twenty-second Amendment as part of the Constitution.

Are there any exceptions to the 22nd Amendment?

The Twenty-second Amendment to the U.S. Constitution does have specific exceptions:

Grandfather Clause

The amendment does not apply to any person who was holding the office of President at the time it was proposed by Congress (March 21, 1947). 

This means that Harry S. Truman, who was president at that time, was exempt from the two-term limit and could run for office again if he chose to do so. However, Truman ultimately decided not to seek re-election in 1952.

Partial Terms

The amendment allows for a person who has held the office of President or acted as President for more than two years of a term (to which another person was elected) to be elected only once more. 

This means that if someone were to assume the presidency mid-term and serve less than two years, they could still run for two full terms thereafter.

Vice Presidency Ambiguity

There is some debate regarding whether a two-term former president can serve as Vice President. The Twelfth Amendment states that no person constitutionally ineligible to be elected President shall be eligible for Vice President. 

The interpretation of whether a two-term president is "constitutionally ineligible" due to the Twenty-second Amendment is unclear, leading to differing opinions on this matter.

Can Donald Trump become the president of the USA in 2028?

Donald Trump is not eligible to run for president again in 2028 due to the Twenty-second Amendment of the U.S. Constitution, which limits individuals to two elected terms as president. This amendment states:

"No person shall be elected to the office of the President more than twice..."

Since Trump will have completed his second term after serving from 2024 to 2028, he cannot seek a third term, regardless of whether those terms are consecutive or non-consecutive. 

He will join Grover Cleveland as the only U.S. president to serve non-consecutive terms, having previously served from 2017 to 2021 and now being re-elected for 2024.

The Twenty-second Amendment was ratified in 1951 specifically to prevent any individual from holding the presidency for more than two terms, a response to Franklin D. Roosevelt's four-term presidency. 

Thus, Trump's victory in the 2024 election effectively concludes his eligibility for future presidential elections after his second term ends.

Are there any legal loopholes that could allow Trump to run again in 2028?

The possibility of Donald Trump running for president again in 2028 is primarily constrained by the 22nd Amendment of the U.S. Constitution, which limits any individual to serving as president for a maximum of two elected terms. 

Since Trump is projected to win a second term in the upcoming election, he would be ineligible to run again after that term concludes in 2028.

Legal Framework

• 22nd Amendment: Ratified in 1951, this amendment explicitly states:

"No person shall be elected to the office of the President more than twice...".

This means that if Trump completes his second term, he cannot seek the presidency again.

Hypothetical Scenarios

• If Trump Loses in 2024: If Trump were to lose the 2024 election, he would still be eligible to run in 2028 because he would have only served one term. However, Trump won the 2024 U.S. presidential elections, becoming the 47th president of the USA.

Potential Legal Loopholes

While the constitutional prohibition is clear, discussions around "loopholes" often arise in political contexts. Here are some considerations:

• Constitutional Amendments: Any attempt to amend or repeal the 22nd Amendment would require significant political support and is unlikely given current partisan divides.
• Political Manoeuvring: Some might speculate about creative interpretations or challenges to the amendment's application, but such efforts would likely face substantial legal hurdles and public scrutiny. 

Conclusion

Donald Trump has been elected as the 47th president of the USA, winning against Democratic candidate Kamala Harris in a surprising upset. 

The debate around whether Trump would run for the presidency in 2028 is a currently ongoing topic; according to the 22nd Amendment of the US Constitution, there is a two-term limit for presidents. 

This means Trump would not be eligible to run again unless the amendment is repealed or changed. However, Trump's influence on the Republican Party may continue to shape future elections even if he does not run himself.