Can President Donald Trump legally pursue a third term in 2028? Explore constitutional limits, legal loopholes, and the political implications of Trump’s third-term ambitions.
Recent statements from President Donald Trump regarding the possibility of seeking a third term have sparked debate over constitutional boundaries and political implications. In a March 30, 2025, interview with NBC News, Trump remarked, “I’m not joking,” while hinting at unspecified “methods” to bypass the 22nd Amendment, which limits presidents to two elected terms. His comments have raised legal and political questions about whether such a scenario is feasible or merely rhetorical.
How Could President Trump Pursue a Third Term?
While the 22nd Amendment explicitly states, “No person shall be elected to the office of the President more than twice,” some theories have emerged regarding potential loopholes. Let’s explore these claims and their validity.
Vice Presidential Succession Loophole
One hypothesis suggests that Trump could run as vice president in 2028 alongside a loyalist, such as Senator JD Vance. If they win, Vance could resign, making Trump the president through the line of succession. However, the 12th Amendment complicates this approach, stating, “No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President.” Legal scholars, such as Derek Muller from the University of Notre Dame (cited by CNN), argue that Trump’s prior two terms render him ineligible for the vice presidency. Courts would likely rule against this manoeuver, effectively blocking this path.
Amending the Constitution
Trump could seek to repeal or modify the 22nd Amendment through a constitutional amendment. This process requires a two-thirds majority in both the House and Senate, followed by ratification from 38 state legislatures. Although Rep. Andy Ogles proposed such an amendment in 2024, Axios reports that given the current congressional makeup (House: 218-217, Senate: 51-49), it stands little chance of success. No constitutional amendment has been passed in under a decade since 1971, making this a highly improbable route.
Mobilizing Public Support
Trump has claimed that “a lot of people want me to do it” (NBC, 2025). While strong support from his base—evident in the 74 million votes he secured in 2020—could pressure political norms, legal constraints remain unchanged. According to NPR, despite Trump’s long-standing rhetoric on term limits, no legal mechanisms currently exist to facilitate such a move through sheer public will.
Pros and Cons of a Trump Third Term
Pros:
- GOP Stability: Extending Trump’s tenure could solidify Republican dominance, further shaping the party in his image.
- Policy Continuity: Trump has championed deregulation and tariffs as economic wins (NBC, 2025). A third term could ensure the continued execution of his policies.
- Voter Engagement: Trump’s presence on the ballot has historically driven GOP turnout, which could benefit down-ballot candidates.
Cons:
- Constitutional Barriers: Legal experts, including those cited by The Guardian, argue that Trump’s eligibility is definitively blocked by existing law.
- Political Backlash: Gallup polling data from 2024 shows that 60% of independents oppose any effort to bypass term limits. Such a move could alienate moderates and hurt Republican prospects.
- Democratic Norms at Risk: Critics, including MSNBC commentators, warn that pushing past constitutional boundaries could erode public trust and democratic stability.
Political Test for 2028
Trump’s interest in a third term is more than just political rhetoric—it serves as a test of constitutional resilience and governance. The 22nd Amendment, enacted in 1951 following Franklin D. Roosevelt’s unprecedented four-term presidency, remains a significant barrier. With the 2028 election approaching, this debate will continue shaping discussions on executive power, legal interpretation, and the durability of American democratic institutions.
While Trump’s influence over the GOP remains strong, the constitutional roadblocks to a third term appear insurmountable. Unless a dramatic legal shift occurs, the likelihood of Trump serving beyond 2029 remains exceptionally slim.