Trump’s plan to never leave the White House

Donald Trump has confirmed he is serious about seeking a third term as president that would upend a 240-year foundation of the US political system, after raising the idea several times before.

“I’m not joking,” Trump told NBC News when questioned on the subject. “There are methods which you could do it.”

Trump declined to elaborate on how he might extend his stay in the White House in seeming contravention of the US constitution.

But the President and his allies believe there are routes to remaining in power after 2028. His former adviser Steve Bannon, who has been convicted of fraud and contempt of Congress, recently told CNN: “I’m a firm believer that President Trump will run and win again in 2028. We’re working on it. I think we’ll have a couple of alternatives.”

Some constitutional specialists believe Trump has a chance.

Change the constitution 

The main obstacle for Trump is the 22nd amendment, which states plainly: “No person shall be elected to the office of the president more than twice.”

The amendment was introduced in 1951 after Franklin D Roosevelt became the only president to serve more than two terms during the Second World War. He died during his fourth.

Trump allies have proposed revising or quashing the amendment. Republican Congressman Andy Ogles introduced a resolution to the House in January that would extend the limit to three terms if only two are consecutive, which would allow Trump to stand in 2028 having lost to Biden in 2020.

But changing an amendment would require supermajorities in both houses of Congress and support from three quarters of US states, which would appear a distant prospect.

“Such a change is exceedingly unlikely in today’s closely divided, highly polarised environment,” said Max Yoeli, senior research fellow in the US and the Americas programme at Chatham House. “Trump would need to seek another path.”

Some prominent Republicans, such as Texas Congressman Jodey Arrington, have proposed a constitutional convention, which would be only the second since the original drafting of the document in 1787.

This would in theory allow for broad debate and potential revisions to the constitution if 34 states agreed, although the rules on securing a convention are unclear, according to legal scholars.

Vice president loophole

The most commonly cited potential route for Trump to remain in power revolves around the possibility that he could campaign in 2028 as a running-mate for JD Vance or another Republican presidential candidate, who would then stand down after securing victory and being sworn in, with the presidency then falling to the vice president: Trump.

The 22nd amendment does not rule out a two-term president standing as a vice president. But the 14th amendment states: “No person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.”

However, some constitutional law experts note the 12th amendment was introduced in 1804, almost 150 years earlier than the 22nd, and suggest it would only apply to the requirements for a candidate to be a “natural-born citizen” over 35 years old – leaving Trump free to stand as VP.

Professor Bruce Peabody, author of a 1999 paper titled The Twice and Future President that explored the loophole, said it was a “surprisingly straightforward scenario.”

Yoeli said there were “nuanced legal questions that could create uncertainty” about the application of the 12 amendment, and suggested a ruling by the Supreme Court was unpredictable.

The court – which has a majority of Republican judges – backed Trump during his first term on issues such as overturning the Roe v Wade statute on abortion.

Yoeli suggests Trump has another “hypothetical workaround” that could give him more legal wiggle room. This would involve “having two allies running for president and vice president. After inauguration, the vice president would resign, the president would appoint Trump as vice president and then also resign, giving Trump the top job”.

“But this strategy faces a significant hurdle – under the 25th amendment, a new vice president must be confirmed by a majority vote in the House and the Senate, and Republicans’ holding of both chambers after the 2028 election is far from certain.”

‘Tandemocracy’ or placeholder

Trump could possibly skirt legal jeopardy by looking to the example of Vladimir Putin, suggested Dr Philip Klinkner, a professor of government at Hamilton College in the US.

The Russian president got around the issue of term limits – before abolishing them – by anointing Dmitry Medvedev as his favoured candidate to serve as a conduit for him.

“Following this example, a future Republican president could appoint Trump to an executive branch position from which he could still exercise power,” wrote Dr Klinkner in an article for The Conversation – assuming Trump remained in a position to dictate terms to his party in 2028.

There is also a US precedent Trump could follow, he added, that of former Alabama governor, George Wallace, who supported his wife Lurleen’s candidacy in 1966 when he was blocked by term limits.

Wallace campaigned with his wife and made clear he would continue to serve through her, becoming an adviser after her victory.

“Trump could ensure that the next Republican presidential candidate was a member of his family or some other person who would be absolutely loyal and obedient to him,” Dr Klinkner wrote.

“If that person went on to win the White House in 2028, Trump could serve as an unofficial adviser, allowing him to continue to wield the power of the presidency without the actual title.”