Rep. Andy Ogles, a Republican from Tennessee, has introduced a resolution in the House seeking to amend the U.S. Constitution to allow presidents to serve a third term under specific conditions. The proposed amendment would modify the 22nd Amendment, which currently restricts presidents to two elected terms. Under Ogles' proposal, a president could be elected for a third term only if their first two terms were nonconsecutive. This move arrives amidst speculation about former President Donald Trump's potential interest in a third term.
Amending the Constitution is no small feat. According to Harvard Law Professor Stephen Sachs, the process is fraught with challenges. The amendment would need to secure a two-thirds majority vote in both the House and Senate before moving on to the states. Following congressional approval, the measure would require ratification by three-fourths of the states, translating to approval in 38 states.
"Under Article V of the Constitution, both the House and the Senate have to approve an amendment proposal by a two-thirds vote," – Sachs
"then the proposal has to be ratified by either state legislatures or state conventions — the choice is up to Congress — in three-fourths of the states," – Sachs
The last successful amendment to the Constitution occurred in 1992 with the ratification of the 27th Amendment, while the 26th Amendment, granting 18-year-olds the right to vote, was ratified in 1971. Sachs points out that Ogles' amendment faces substantial hurdles.
"impossibly difficult, assuming that it would receive no or very few Democratic votes, either in Congress or in the state legislatures," – Sachs
Despite its slim chances, Ogles remains undeterred, arguing that Trump deserves the opportunity to further his agenda.
"has proven himself to be the only figure in modern history capable of reversing our nation's decay and restoring America to greatness, and he must be given the time necessary to accomplish that goal," – Ogles
The White House has not commented on whether Trump supports Ogles' amendment. Nonetheless, Trump has alluded to the possibility of pursuing a third term, keeping political observers on their toes. Of note, Trump is the only living president who has served nonconsecutive terms.
Sachs notes that Ogles' amendment has "attracted a great deal more attention than is warranted by its chances of passage." The political landscape presents formidable barriers: there are currently 218 Republican representatives, 53 Republican senators, and 28 Republican-controlled state legislatures.
"As of today, there are only 218 Republican representatives, 53 Republican senators and 28 Republican-controlled state legislatures," – Sachs