Why it Matters 

On a few different occasions President Trump has eluded to running for President for a third term. However, the U.S. Constitution is rather clear that a person is limited to two (2) Presidential term limits. So, in order to circumvent this limitation, President Trump would need to amend the U.S. Constitution to remove the 22nd Amendment.

Executive Summary

This summary contains two main sections: the 22nd Amendment to the U.S. Constitution, which limits how many times a person can be elected as President, and a detailed explanation of the Constitutional amendment process under Article V of the U.S. Constitution. The amendment sets firm limits on presidential terms, while the process description outlines how amendments are proposed, ratified, and certified.

Key Provisions

• 22nd Amendment – Presidential Term Limits

• A person may not be elected President more than twice.
• If someone serves as President or acts as President for more than two years of a term to which someone else was elected, they can only be elected President once.

• Amendment Authority and Delegation (Article V of the Constitution)

• The power to amend the U.S. Constitution comes from Article V.
• An amendment can be proposed by either:
• A two-thirds vote in both the House and Senate, or
• A constitutional convention called by two-thirds of State legislatures (though this method has never been used)
• Once Congress proposes an amendment, the Archivist of the United States is responsible for overseeing the ratification process.
• The Archivist delegates many duties to the Director of the Federal Register, following historical procedures from previous government offices.

• Methods of Proposing Amendments

• Congress uses a joint resolution to propose an amendment, which does not go to the President for approval.
• The National Archives and Records Administration (NARA) receives the resolution and adds legislative notes before sending it to the States.

• State Ratification Process

• Once an amendment is proposed, it becomes part of the Constitution if it is ratified by three-fourths of the State legislatures
• The Archivist sends each Governor a letter and materials related to the amendment.
• States consider the amendment either through their legislatures or by convention, based on Congress’s direction.
• States must send certified ratification documents to the Archivist, which are reviewed by the Office of the Federal Register.
• The Office checks documents for legal sufficiency and authenticity but does not judge their substantive content.

• Finalization and Certification

• An amendment becomes part of the Constitution when 38 out of 50 States (three-fourths) ratify it.
• The Office of the Federal Register drafts a formal certification for the Archivist once enough ratifications are received.
• The certification is published in the Federal Register and U.S. Statutes at Large as official notice.

• Rejection and Ceremonial Certification

• States may submit documents to record rejections or to rescind earlier ratifications.
• The Archivist does not make substantive judgments about these actions; the certification of legal sufficiency is final.
• Recent certifications are often ceremonial and may be attended by notable figures, including Presidents. Examples include Presidents Johnson and Nixon witnessing past certifications.

Sources: https://www.archives.gov/federal-register/constitution and https://constitutioncenter.org/the-constitution/amendments/amendment-xxii