The question of a third presidential term has resurfaced in US politics after President Donald Trump remarked during his State of the Union address that he believes he “should have a third term.” The comment, followed by “strange things happen,” quickly drew attention and revived debate over constitutional limits.
But where does this leave former President Barack Obama? Can he legally run again?
What the US Constitution says
The 22nd Amendment appears to be simple: “No person shall be elected to the office of President more than twice.” It was adopted in 1951 after Franklin D. Roosevelt was elected to four terms. Prior to that, the two-term limit was not a constitutional provision, but a tradition dating back to George Washington.
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Any change to this provision would require a two-thirds majority in both the House of Representatives and the Senate, along with ratification by three-fourths of the US states. That is a high constitutional threshold.
Proposed amendment and its limits
In January, Tennessee Representative Andy Ogles introduced a House joint resolution seeking to amend the 22nd Amendment. The proposal would allow a president to be elected up to three times, but with a significant condition.
The language states that no person shall be elected more than three times, nor be elected to any additional term after being elected to two consecutive terms. This effectively excludes presidents who have already served two back-to-back terms.
That means Barack Obama, who served from 2009 to 2017, would not qualify under the proposed change. The same would apply to Bill Clinton and George W. Bush. The only living president who has served two nonconsecutive terms is Donald Trump. Historically, Grover Cleveland was the only other president to do so.
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The ‘loophole’ argument
Some Trump supporters have suggested that the 22nd Amendment bars only being “elected” more than twice, and does not explicitly address succession. Under this theory, a former two-term president could run as vice president and assume office if the elected president resigns.
This interpretation has not been tested in court. Trump himself has at times downplayed the idea, calling it “too cute” and saying it “wouldn’t be right.”
As it stands, the constitutional language and the proposed amendment both make it clear that Barack Obama cannot run for a third term. Any change would require a significant and complex constitutional overhaul.
