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POLITICS

Can Donald Trump serve two consecutive terms if he becomes US president in 2024?

It may still be early days, but many are already predicting a return to the White House for Trump, who would enter aged 78.

Update:
It may still be early days, but many are already predicting a return to the White House for Trump, who would enter aged 78.
MIKE SEGARREUTERS

The United States, since its inception, has maintained a democratic tradition of limiting the presidency to two terms. This principle, established by George Washington and later enshrined in the 22nd Amendment to the Constitution, aims to ensure a healthy rotation of leadership, prevent the concentration of power, and foster a dynamic political environment. This amendment, ratified in 1951, lays down the rules regarding the maximum number of terms a president can serve and the circumstances under which they can return to office.

The 22nd Amendment was a response to the unprecedented four-term presidency of Franklin D. Roosevelt, who led the nation through the Great Depression and World War II. While Roosevelt’s leadership was widely praised, concerns arose about the potential for an overly powerful executive branch. The amendment was introduced to address these concerns and maintain the balance of power envisioned by the Founding Fathers.

How 22nd Amendment affects Donald Trump

The key provision of the 22nd Amendment is its limitation on presidential terms. It states that no person can be elected to the office of the president more than twice, and no one who has held the office, or acted as president, for more than two years of another president’s term can be elected more than once.

Importantly, the amendment does not bar a former president from seeking the presidency after a break. FJust like Donald Trump in 2024, for example, if a president serves one term, takes a break, and then decides to run again, they are eligible for election to a second non-consecutive term. But it is limited to that.

“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 the President more than once.”

22nd Amendment

Rationale for the 22nd Amendment

The primary rationale behind the two-term limit is rooted in the framers’ fear of an unchecked executive. They sought to prevent the development of a presidency that could resemble a monarchy or a perpetually re-elected leader, promoting a system where fresh perspectives and leadership styles could regularly emerge.

The two-term limit not only prevents the potential abuse of power but also encourages a more dynamic political landscape. It allows for the infusion of new ideas, leadership styles, and priorities that reflect the evolving needs of the nation.

The 22nd Amendment stands as a testament to the United States’ commitment to a government of the people, by the people, and for the people. By limiting the presidency to two terms, with the potential for non-consecutive terms, the amendment strikes a delicate balance between continuity and change, safeguarding the principles of democracy upon which the nation was founded.

U.S. President Joe Biden is running for his second, and final, term in office. He'll be 86 when that ends.
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U.S. President Joe Biden is running for his second, and final, term in office. He'll be 86 when that ends.KEVIN LAMARQUEREUTERS

Could the two-term rule be changed?

Changing the rule outlined in the 22nd Amendment would require a constitutional amendment. Amending the U.S. Constitution is a deliberate and challenging process designed to ensure that any proposed changes have broad public support and are not made impulsively. Here’s a general overview of the process to amend the Constitution:

Proposal

A constitutional amendment can be proposed in one of two ways:

a. Congressional Proposal: A two-thirds majority vote in both the House of Representatives and the Senate is required to propose an amendment. This is the most common method.

b. Convention Proposal: If requested by two-thirds of state legislatures, Congress must call a constitutional convention. Amendments proposed at the convention still require ratification by three-fourths of the states.

Ratification

After an amendment is proposed, it must be ratified by three-fourths (38) of the state legislatures or by conventions in three-fourths of the states, depending on the method chosen by Congress.

Given the historical significance and the principles behind the two-term limit, any attempt to change this rule would likely face significant debate and public scrutiny. Supporters of such a change would need to build a broad consensus and navigate the complexities of the constitutional amendment process.

That said, as he ran to remain in the White House in 2020, Trump did suggest he’d be pushing for a third term. Let’s see what he tries this time around.

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