President Trump has often made contradictory statements about whether he will try to serve an unconstitutional third term. We shouldn’t dismiss his threats as trolling or a joke.
An attempt by Trump to stay in power illegally is a real possibility. It would pose a grave threat to the survival of our constitutional democracy.
Trump adviser Steve Bannon said in a recent interview that Trump is “going to get a third term” and “there is a plan” to achieve this, without specifying what the plan is.
On his recent trip to Asia, the president refused to rule out the possibility of seeking an unconstitutional third term and said he would “love to do it.” Then a few days later, he said of the 22nd Amendment, which limits presidents to two terms: “If you read it, it’s pretty clear. I’m not allowed to run. It’s too bad.”
Because he often makes false statements, it is impossible to know Trump’s true intentions.
I know this sounds alarmist. After all, we are a nation of laws, with a Constitution limiting a president’s powers and time in office. But Trump — the only convicted felon to serve as president — has as much respect for the rule of law and the Constitution as he does for a roll of toilet paper. We should never underestimate what he will do to stay in power, deprive us of our constitutional rights, weaponize government against his enemies or use his office to enrich himself and his family.
So far in his second term, Trump has taken unprecedented and sometimes unconstitutional actions to rule like an absolute monarch or dictator, seizing powers the Constitution reserves for Congress and denouncing and appealing court rulings that go against him. Millions of Americans never expected he would take such actions.
These actions include: imposing tariffs without congressional authorization on nations around the world; declaring diversity, equity and inclusion programs illegal; bombing boats in the Caribbean and Pacific Ocean and killing alleged illegal drug smugglers; sending National Guard troops into cities run by Democrats; and weaponizing the Justice Department to prosecute his enemies. Republicans in charge of Congress have let him get away with this and much more.
The only part of the Constitution Trump embraces — with a wildly inaccurate interpretation — is Article II, which spells out the president’s duties.
“Article II allows me to do whatever I want,” Trump has said, making the point many times. This is shocking nonsense that should frighten us all. A president who could literally do whatever he wanted could ignore Congress and the courts, imprison or kill anyone he wishes, break laws and cancel elections to stay in office for life. This would replace our constitutional system of three co-equal branches of government with one-person rule.
The 22nd Amendment limiting a president’s time in office is clear enough for a child to understand. It states in part: “No person shall be elected to the office of the President more than twice.”
Trump could legitimately run for reelection in 2028 if he could succeed in repealing the 22nd Amendment. But that would require the approval of two-thirds of Senate and House members (meaning many Democratic votes would be needed) and ratification by 38 state legislatures before the 2028 presidential election. House Speaker Mike Johnson (R-La.) correctly pointed out this is impossible, noting that “it takes about 10 years” for a constitutional amendment to be ratified.
Trump could try to postpone the next presidential election by declaring a national emergency or invoking the Insurrection Act, claiming — as he often does — that the U.S. is being “invaded” by violent unauthorized immigrants, or for some other absurd reason.
But the Constitution does not allow presidential elections to be postponed. America held presidential elections during the Civil War, the Great Depression, World War II and during other emergencies far worse than anything we are experiencing now.
Trump recently said he would not run for vice president and then try to persuade the winning presidential candidate to resign so Trump could become president. The Constitution’s 12th Amendment bars this, stating: “No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”
A key question is whether Trump could come up with an argument that would persuade at least five of the six Republican-appointed Supreme Court justices to allow him to serve beyond the end of his term.
The high court has already given Trump expansive new powers that many constitutional scholars argue are not authorized by our nation’s founding document. We shouldn’t assume the court won’t do as Trump wishes once again, even if it violates the Constitution.
On the day nearly 7 million protesters recently turned out to demonstrate against his rule in No Kings rallies across the nation, Trump posted a disgusting AI-generated video on the social media site he owns. It showed him as a king wearing a golden crown, piloting a jet adorned with the words “KING TRUMP,” dumping excrement on the protesters. We must not allow this to become a symbol of our new reality.
A. Scott Bolden is an attorney, NewsNation contributor, former chair of the Washington, D.C. Democratic Party and a former New York state prosecutor.
