Would a proposed constitutional amendment by a Republican congressman meant to help President Donald Trump serve a third term also allow Barack Obama to be elected president again? No, that's not true: The proposal specifies that only presidents who have not served two consecutive presidential terms would be eligible to be elected for a third term. Obama was president for two consecutive terms, from 2009 to 2017.
The claim appeared in a post on Threads (archived here) on January 23, 2024. It said:
So MAGA now wants to allow presidents to have a 3rd term?
One small problem with that.
It would allow ANYONE to run for a 3rd term.
Including -- Barack Obama.
Here is what the post looked like at the time of writing:
(Source: Threads screenshot taken on Fri Jan 24 14:35:39 2025 UTC)
The 22nd Amendment to the Constitution was ratified February 27, 1951 (archived here). It limited presidents to only two terms in office:
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. But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.
On January 23, 2025, Rep. Andy Ogles of Tennessee, a Republican (archived here), introduced a joint resolution that would allow a president to be elected for a third term (archived here). Ogles made it clear his goal was to make Trump eligible to serve a third term in office (archived here):
(Source: ogles.house.gov screenshot taken on Fri Jan 24 14:35:39 2025 UTC)
Could Ogles' amendment also make way for Obama to be elected for a third term? No. Obama served two consecutive terms in office, 2009-2017 (archived here). The amendment specifically bans anyone who served "two consecutive terms" to be elected a third time:
No person shall be elected to the office of the President more than three times, nor be elected to any additional term after being elected to two consecutive terms, 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 twice.
Trump is serving his second term as president, but not consecutively (archived here). If Ogles' proposal is ultimately adopted, Trump would be eligible to be elected for a third term.
It takes two-thirds of the House and Senate to propose a constitutional amendment (archived here). From there, it must be ratified by at least 38 states before becoming law.
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For more Lead Stories fact checks of claims involving the 22nd Amendment, click here.
