Key Takeaways

• Alan Dershowitz met with President Trump in the Oval Office to discuss a possible third term.
• Dershowitz argues the Constitution is unclear on a president’s third term.
• He suggests electors could abstain, leaving Congress to choose Trump anyway.
• Other legal experts call the third term idea absurd and unconstitutional.
• Trump has mused about a third term but admits he likely cannot run again.

President Trump invited former Harvard Law professor Alan Dershowitz to the White House. They talked about whether Trump could serve a third term. Dershowitz handed Trump a draft book titled Could President Trump Constitutionally Serve a Third Term?. In it, he outlines several scenarios that might allow a president to break the two-term limit.

Dershowitz told reporters the Constitution is “not clear” on a third term. He said he found it an “intellectual issue” that interested Trump. However, Dershowitz also said he does not believe Trump will actually seek a third term. Trump has teased the idea for months but recently conceded, “I guess I’m not allowed to run.”

Legal Routes to a Third Term

The core of the debate hinges on the 22nd Amendment. This rule says no one can be elected president more than twice. Dershowitz argues the amendment only stops electors from voting for a third term candidate. If those electors simply refuse to vote, Congress would step in to pick the president.

Moreover, Dershowitz suggests this plan could bypass the bar on a third term. He claims electors might vote “none of the above.” Then the House and Senate would choose the next president. In theory, they could pick Trump again.

Opposition to the Third Term Idea

Many legal scholars disagree. They say the 22nd Amendment plainly bans a third term. James Sample of Hofstra University calls Dershowitz’s idea “absurd.” Sample and others insist no loophole exists.

They point out the amendment covers succession too. It does not only limit elector votes. It also restricts who can assume the presidency. Under this view, no person may serve more than two terms, period.

Another expert suggests an extreme workaround. He says Trump could become Speaker of the House or hold another post in the line of succession. Then, if those above him all resigned, he could return as acting president. Yet this idea stretches logic and faces fierce criticism.

Why Experts Reject a Third Term

First, the 22nd Amendment came from a clear lesson in history. Franklin D. Roosevelt served four terms. After his presidency, lawmakers wrote strict limits to safeguard democracy. Thus, most legal minds argue any bid for a third term defies both the rule and its spirit.

Second, the courts have shown little appetite for redefining term limits. Judges read the amendment as straightforward. They avoid side-stepping a direct ban on three terms.

Third, public opinion also works against a third term push. Many voters, including Trump’s own supporters, back constitutional checks. They value regular leadership change.

Trump’s Take on a Third Term

Trump has long flirted with the idea of ignoring term limits. He joked about it in rallies and interviews. Yet, as his legal battles and health questions rise, he seems to back off. In October, he told reporters aboard Air Force One, “I guess I’m not allowed to run.”

That statement suggests Trump now accepts the 22nd Amendment’s limit. Still, a private discussion with Dershowitz shows he keeps an open mind. It remains a curious mix of political theater and legal exploration.

What a Third Term Would Mean

A president winning a third term would reshape American politics. It could weaken the rule of law and checks on power. Opponents warn it risks a slide toward authoritarianism.

Meanwhile, supporters argue strong leadership needs flexibility. They say term limits can block a popular president from finishing big projects. Yet this argument clashes with the long-held value of peaceful transitions.

What Happens Next

Dershowitz plans to publish his book next year. It will stir more debate on the third term topic. Trump, for now, focuses on his legal cases and possible 2024 run. He must beat two major hurdles if he ever considers a third term.

First, he would need to overcome clear legal opposition. Dozens of scholars reject any path around the 22nd Amendment. Second, he would face political resistance from members of his own party. Many fear the optics of challenging the Constitution.

In addition, the public could rise against any third term push. History shows Americans rarely forgive attempts to cling to power. Thus, while the intellectual debate may continue, a real third term bid seems unlikely.

In the end, the talk of a third term may stay in the realm of speculation. Yet it offers a vivid reminder of how rules shape our democracy. Even the president must grapple with the limits set by the Constitution.

Frequently Asked Questions

What does the 22nd Amendment say about term limits?

The 22nd Amendment blocks anyone from being elected president more than twice. It also limits how long someone can serve if they succeeded mid-term.

How could electors abstain to allow a third term?

The idea suggests electors vote “none of the above.” Then Congress chooses the president, possibly returning Trump. Critics say this scheme misreads the amendment’s intent.

Do other experts agree with this view?

Most legal scholars reject the third term theory. They argue the amendment clearly bans any person from serving more than two terms.

Is Trump likely to try for a third term?

At this point, Trump says he likely cannot run again. He faces strong legal and political barriers. A real bid for a third term seems very unlikely.