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08/09/2025

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LAWIN.news

Understanding the 12th and 22nd Amendments Amidst Trump’s Third Term Speculation

by Mae De Vera, LAWIN.news March 31, 2025
written by Mae De Vera, LAWIN.news March 31, 2025
Photo Credit: CBS News
200

President Donald Trump, amid newfound speculation about a third presidential term, once again hinted at the possibility of extending his time in office. The suggestion emerges despite constitutional limitations imposed by the 12th and 22nd Amendments.

The 22nd Amendment to the United States Constitution states that no person shall be elected to the office of the President more than twice. This amendment was ratified on February 27, 1951, following Franklin D. Roosevelt’s unprecedented four-term presidency. The main goal of the 22nd Amendment was to formalize what had been previously an informal tradition since George Washington declined a third term, emphasizing the principle of rotation in office and curbing the consolidation of power over extended periods.

The discussion around the 12th Amendment is somewhat different. Ratified in 1804, this amendment redefined the electoral process by making electors vote separately for President and Vice President. Though primarily dealing with election procedures, it plays an indirect role in discussions surrounding term limits by ensuring clarity in electoral outcomes and peaceful transitions of power. The 12th Amendment is a structural component rather than a limit on presidential terms, yet it highlights the meticulous framework designed to safeguard democratic procedures.

Speculation about presidential term limits has antecedents in American politics. Historically, post-presidency discussions have entertained the possibility of returning to power, either through election or succession. However, the constitutionally enshrined term limits of the 22nd Amendment have largely quashed these scenarios.

Trump’s recent comments have reignited public debate. During his statements, he suggested dissatisfaction with current limitations, citing perceived challenges to his policy agenda as justification for seeking extended leadership. However, constitutional scholars and legal experts affirm that any attempt to secure a third term would confront significant legal and procedural hurdles given the clear directives of the 22nd Amendment.

Additionally, there has been no indication of support for amending or repealing the 22nd Amendment within the current Congress. Such a constitutional change would require a rigorous process: a proposal by a two-thirds majority in both Congressional houses followed by ratification by three-fourths of the state legislatures.

Popular and political reactions to Trump’s suggestions vary. Supporters acknowledge his motivations, viewing the appeal for a third term as a pursuit of policy continuity. Critics, however, perceive these discussions as an affront to democratic norms, emphasizing the fundamental importance of fixed term limits to ensuring accountability and preventing authoritarianism.

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Mae De Vera, LAWIN.news

Mae De Vera is a passionate advocate, creative professional, and entrepreneur. A graduate of Political Science from Saint Louis University and a law student of Arellano University, Mae is dedicated to empowering marginalized communities through outreach programs and advocacy. With a background in digital artwork, event flyer design, ESL teaching, and business management, Mae brings a versatile skill set to her endeavors. She also embraces her love for nature through farming, integrating sustainability into her life. Mae’s leadership experience as a consistent school student leader reflects her commitment to making a difference. Today, she combines her creativity, advocacy, and entrepreneurial spirit to create impactful stories and initiatives that inspire change. Disclaimer: The views and beliefs expressed by the author do not necessarily represent those of LAWIN.news, its management, editorial board, or staff.

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