The Trump-as-Vice-President Backdoor Scheme: Why It Fails
Everyone on the news is talking about Trump circumventing the 22nd Amendment and becoming president for a third term via the “backdoor scheme.”
It’s not going to happen. Here’s why.
The Core Claim by Trump Allies:
They argue (and admit) that since the 22nd Amendment bars a person from being elected president more than twice, Trump could legally run as vice president, and if the presidential candidate on the ticket wins and resigns (or steps aside), Trump could ascend to the presidency as a “successor”—not by election.
Why This Fails
1. The 12th Amendment Disqualifies Trump from Being Vice President
Text of the 12th Amendment (relevant part):
“No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”
This is the most direct and explicit constitutional bar.
If Trump is constitutionally ineligible to be president (due to having already been elected to two terms), then he is also ineligible to be vice president. Period.
• The 22nd Amendment clearly makes Trump “ineligible” for the presidency after two elections.
• Therefore, under the 12th Amendment, he cannot be vice president.
• Courts interpret these amendments together, not in isolation. This closes the “VP backdoor” completely.
But of course, why would Trump allies let the law and common sense slow them down? Here what they’ll argue.
Counterarguments from Trump Allies—and Why They Fail
Let’s walk through the theoretical arguments Trump’s allies might raise—and rebut each clearly.
Claim 1: “The 22nd Amendment only bars being elected to the presidency twice.”
Rebuttal:
• That’s a narrow and deceptive reading.
• While it uses the word “elected,” courts interpret that in the context of the Constitution as a whole—and the framers’ intent.
• A person who has been elected twice is constitutionally ineligible—and the 12th Amendment bars them from being vice president.
Claim 2: “The 12th Amendment doesn’t define ‘ineligible,’ so it’s open to interpretation.”
Rebuttal:
• Constitutional ineligibility is not ambiguous here.
• The term “ineligible” has a well-understood meaning: not allowed under the Constitution to assume the office.
• Age, citizenship, residency, and term limits are all sources of ineligibility.
Claim 3: “He’s not being elected to the presidency—he’s just succeeding to it.”
Rebuttal:
• Courts have already ruled (in related contexts) that you cannot do indirectly what the Constitution prohibits directly.
• If you are constitutionally barred from being elected again, then engineering a VP resignation scheme is a transparent circumvention and would be ruled unconstitutional.
Conclusion
The “backdoor scheme” isn’t some clever constitutional hack—it’s a flimsy fantasy wrapped in bad-faith legalese. The law is clear, the intent is clearer, and no amount of MAGA gymnastics is going to sneak Trump through a back door that the Constitution firmly bolts shut.
Mitch Jackson, Esq. | links
Related Post and Podcast
How and Why Trump Will Seek a Third Term as President (and how we can stop him) | podcast overview and conversation
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This is a great article and the facts can’t be argued. However, it assumes that Trump is going to follow anything the Constitution says and may in fact try to abolish it. Who’s going to stop him in four years? The SCOTUS? Congress?