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Is there a loophole so a president can serve more than 8 years?

  • April 2, 2025
  • 2 min read
Is there a loophole so a president can serve more than 8 years?

By Jemes Keenley

Yes.

In fact, there’s a loophole written into the text of the 22nd Amendment.

The text notes:

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 then it adds this loophole:

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.

The 22nd Amendment was ratified in 1951, and at that point, Harry Truman was serving as president. Truman had succeeded to the presidency in April 1945, less than three months after FDR was inaugurated to his fourth term, and Truman served close to four years of that term. Truman was elected to a term in his own right in 1948. Following the loophole in the 22nd Amendment, Truman could have run for another term in 1952, and had he won the election and completed his term, he would have served as president for close to 12 years.

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