# Current state
Kalshi prices YES at 6.6%, down from a 90-day high of 12%. No repeal amendment or SCOTUS case has advanced; Trump, Speaker Johnson, and legal scholars across the spectrum say no viable path exists before 2029, while Bannon claims an unspecified "plan" exists. Resolution requires either a ratified constitutional amendment or a SCOTUS ruling permitting a third election — neither is remotely in motion.
# Timeline of key events
- 1947-1951: 22nd Amendment proposed and ratified (confirmed, historical baseline).
- 2025-01-23: Rep. Andy Ogles (R-TN) introduces House joint resolution to allow Trump a third term; no committee action reported since (confirmed introduction; reported as stalled).
- 2025 (undated, post-Ogles): Rep. Dan Goldman (D-NY) introduces counter-resolution reaffirming 22nd Amendment's two-term bar; also stalled (confirmed introduction).
- 2025-10-30: Trump states aboard Air Force One "it's pretty clear, I'm not allowed to run" for a third term (confirmed, multiple outlets: Deadline, NPR, Malay Mail).
- 2025-10 (same period): Trump calls a "run for VP then ascend" scheme "too cute" and "wouldn't be right" (confirmed).
- 2025-11-11: LSE USAPP blog analyzes theoretical pathways (VP-ticket/12th Amendment loophole) — analytical piece, not a legal development (reported/speculative).
- Speaker Mike Johnson states he told Trump there is no realistic path to amend the Constitution in time, citing ~10-year ratification timelines (confirmed, NBC).
- 2026-01 (approx.): Steve Bannon tells The Economist "there is a plan" to secure a third term, details undisclosed (rumored/unsubstantiated).
- 2026-08-13: Trump reportedly says "I'd love to run for a third term but..." reiterating constitutional constraint (reported, Rediff/NBC "Constitution at a standstill").
- 2026-08-03: Legal commentary (IBTimes) reiterates scholarly consensus dismissing 22nd Amendment "loophole" theories (reported).
- No lawsuit, ballot-access challenge, or SCOTUS docket entry on 22nd Amendment eligibility identified through 2026-08 (confirmed absence via GDELT/news scan).
# Event
Will the 22nd Amendment be repealed (new ratified amendment) or judicially reinterpreted by SCOTUS to permit a third presidential term, before Jan 1, 2029.
# Outcomes to forecast
- Yes
- No
# Kalshi market anchor
Current YES price: **6.60%**. 7-day change: -1.80%; 30-day change: -1.20%. 90-day range: 6.10%–12.00% (declining trend from highs near 12%). Average daily volume: 823 contracts — moderate liquidity for a niche long-shot market.
# Sub-question answers
1. **Kalshi price/trend** — YES at 6.6%, down ~1.8pp over 7 days and ~1.2pp over 30 days; has drifted down from a 90-day high of 12% toward the low end of its range (6.1%–12%). [kalshi_direct]
2. **Live congressional resolutions** — Rep. Ogles' third-term amendment resolution (introduced Jan 23, 2025) remains stalled with no committee/floor action; a Democratic counter-resolution (Goldman) also has not advanced. No bill matching this topic appears in congress_bills search results, confirming inactivity. [claude_news, congress_bills]
3. **Historical base rate** — Since 1789, 27 of 33 congressionally-proposed amendments have been ratified, but zero ratifications have occurred since 1992 (27th Amendment). Poisson-hazard modeling of the modern era (since 1971) yields ~10.5% base rate for any 3-year ratification window; since 1992 specifically, ~8.2% (Laplace-smoothed, zero actual events in 33 years). [code_execution, wikipedia]
4. **Litigation/SCOTUS posture** — No ballot-access lawsuit or SCOTUS case on 22nd Amendment eligibility has been identified in any source (GDELT, news scans). A related Kalshi market ("SCOTUS hear any 3rd Amendment case") prices only 6.9%, suggesting no imminent docket activity. [gdelt_news, kalshi_related]
5. **Trump/GOP statements** — Trump has repeatedly and explicitly conceded he "can't run" for a third term (Oct 2025, reiterated Aug 2026), rejecting VP-ticket workarounds as "not right." Speaker Johnson has told Trump directly there's no realistic amendment path given ~10-year ratification timelines. Both effectively rule it out. [claude_news, gdelt_news]
6. **Cross-market pricing** — No matching Polymarket markets exist. Kalshi's own related markets are consistent: "new Constitutional Amendment during Trump's term" prices 8.2%; "SCOTUS hears 3rd Amendment case" prices 6.9%; "Trump family member 2028 nominee" prices 9.4% — all in the same single-digit-to-low-teens long-shot range, corroborating this market's 6.6%. [kalshi_related]
# Key facts (high-confidence, factual)
1. [wikipedia] 22nd Amendment ratified 1951; only successful amendment repeal in US history was 18th→21st (1933).
2. [wikipedia] No amendment has been ratified since 1992 (27th Amendment) — 33-year drought.
3. [claude_news] Ogles' and Goldman's competing resolutions both introduced 2025, neither advanced past introduction.
4. [claude_news] Trump, Johnson, and legal scholars (Hasen et al.) publicly state no viable path exists.
5. [code_execution] Compound modeled probability of SCOTUS reinterpretation pathway alone is ~0.036% (mid-estimate); amendment pathway dominates any residual probability.
# Cross-market signals
- Kalshi related: "New Constitutional Amendment during Trump term" 8.2%; "SCOTUS hears any 3rd Amendment case" 6.9%; "Trump family member 2028 nominee" 9.4% — all clustered near this market's 6.6%, suggesting internal consistency rather than mispricing.
- Polymarket: No matching markets found; no cross-venue arbitrage signal available.
- Sportsbook implied: None available/applicable.
# Analyst opinions and speculation
- Bannon insists "there is a plan," undisclosed, to secure a third term — treated by outlets as unsubstantiated bravado, not a credible mechanism.
- LSE blog explores theoretical VP-ticket/12th-Amendment workaround, but notes it's untested and Trump has personally disavowed it.
- Legal consensus (Hasen, Columbia Law Review) is unanimous: text is unambiguous, no plausible reinterpretation path exists.
# Directional lean per outcome
- **Yes**: Only supported by Bannon's vague claims and residual "Trump reverses positions" uncertainty; no structural, legal, or legislative progress exists.
- **No**: Supported by stalled legislation, explicit Trump/Johnson disavowals, unanimous legal-scholar consensus, zero ratifications in 33 years, no litigation pipeline, and converging Kalshi sub-market prices near single digits.
# Gaps / unknowns
- Content of Bannon's alleged "plan" remains undisclosed — cannot be assessed.
- No visibility into any covert state-level ratification drives or convention-of-states efforts.
- Possible under-the-radar litigation could emerge closer to 2028 filing deadlines (not currently observed).
# Calibration anchors
- Kalshi current YES price: 6.60% (anchor), trending down from 12% three months ago.
- Model-based fair value: ~1.2%–1.4% (code_execution), implying market may be overpriced on YES.
- Historical precedent: 33 years since last ratified amendment; no amendment repeal for power-expansion purposes has ever succeeded.