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Updated March 30th 2025, 11:48 IST

How a Constitutional Loophole Could Make Donald Trump President for Life?

Experts believe that a loophole in the 22nd Amendment could allow Trump to remain in power until 2037.

Reported by: Aditi Pandey
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How a Constitutional Loophole Could Make Donald Trump President for Life?
How a Constitutional Loophole Could Make Donald Trump President for Life? | Image: AP

Washington: Donald Trump is back as the US President in 2025 for his second term, and he’s making big waves with his “America First” plans. He’s not holding back and using his power to push bold and controversial changes that are shaking things up inside the US and across the world. His strong style in dealing with other countries and home issues has made tensions rise globally.

A Legal Loophole?

While Trump’s presidency is set to end in 2028, a controversial theory suggests that he could extend his rule much beyond the constitutional two-term limit. According to a report in the Daily Mail, legal experts say Trump might not have to leave the White House even after 2028, when his second term ends. They believe that a loophole in the 22nd Amendment could allow Trump to remain in power until 2037, effectively turning the US presidency into a monarchy-like system.

But how? The amendment stops someone from being elected more than twice, but it doesn’t say anything about becoming president another way, like through succession. 

Understanding the 22nd Amendment

The 22nd Amendment, ratified in 1951, was introduced to prevent any president from serving more than two elected terms. It was a direct response to Franklin D. Roosevelt’s four-term presidency. The amendment states:

“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.”

The Technical Loophole

While the amendment clearly states that no individual can be elected president more than twice, it does not explicitly prevent a former president from assuming office through other means—such as succession.

Legal scholars have pointed to a 1999 Minnesota Law Review article titled The Twice and Future President by Professor Bruce Peabody, which argues that the amendment only restricts a twice-elected individual from winning another election, not from assuming the presidency through other legal channels.

How Trump Could Use This Loophole

One possible scenario involves Trump running for Vice President in the 2029 election with an ally, such as J.D. Vance, as the presidential candidate. If Vance wins and later steps down, Trump—serving as Vice President—would automatically take over as President. The same strategy could be repeated in future elections, allowing Trump to continuously return to power without being elected as President again.

This would technically comply with the 22nd Amendment, as Trump would not be directly elected to the presidency after his second term. Instead, he would be assuming office through succession, a mechanism not explicitly addressed in the amendment.

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Could It Really Happen? Trump as “President for Life”? 

While this remains a theoretical discussion, it has fueled significant debate among legal experts and political analysts. The final interpretation would likely rest with the US Supreme Court, which has a conservative majority shaped by Trump’s own appointments.

This idea is raising eyebrows. Trump’s aggressive moves like big reforms and tough foreign policies—are already bold. If he uses this loophole, he could keep running America for years, turning the White House into his permanent address. For a country like India, where we watch US politics closely, this could mean dealing with Trump’s style for a long, long time. Is this the start of Trump as “President for Life”? 

For now, the idea remains speculative, but it raises important questions about the structure of American democracy and the limits of executive power.

Published March 30th 2025, 10:36 IST