President Donald Trump has again floated the idea of a third term, suggesting he could return as vice president in 2028 despite clear constitutional prohibitions. 

United States: President Donald Trump has frequently hinted—sometimes in jest—at the possibility of seeking a third term. However, his recent remarks over the weekend were his most direct and serious yet regarding the matter, a notion that constitutional scholars widely regard as implausible. 

“I’m not joking,” Trump told NBC’s “Meet the Press” moderator Kristen Welker in a phone interview on Sunday. Despite this, he quickly tempered his statement by adding that it was “far too early to think about it.” 

Trump suggested that there were potential avenues for achieving a third term, including a scenario where Vice President JD Vance would run as the lead candidate on the 2028 Republican ticket, with Trump serving as his running mate. In this situation, Trump could theoretically assume the presidency after the election, according to ABC News. 

Legal and constitutional experts, however, assert that such a maneuver would violate the explicit restrictions set forth in the US Constitution. 

“Trump may not want to dismiss the idea of a third term, but the 22nd Amendment does it for him,” said David Schultz, a professor at Hamline University and an authority on constitutional law. 

The Amendment states unequivocally: “No person shall be elected to the office of the president more than twice.” Ratified in 1951, this Amendment was introduced following Franklin D. Roosevelt’s historic four-term presidency during World War II, formalizing the two-term tradition established by George Washington. 

Michael Gerhardt, a constitutional law professor at the University of North Carolina, described the prospect of a sitting president defying the 22nd Amendment as unprecedented. 

“The rhetoric may excite his base, but there is no constitutional pathway for a president to serve beyond two elected terms,” Gerhardt emphasized, as per ABC News. 

The Improbability of a Constitutional Amendment 

Legal scholars confirm that the only legitimate way for Trump to seek a third term would be through a constitutional amendment—a near-impossible feat given the stringent requirements. Any amendment would require the approval of two-thirds of both the House and Senate or the endorsement of two-thirds of state legislatures to call for a constitutional convention. After that, ratification would need approval from three-fourths of the states. 

“Trump’s statements are strategically brilliant in terms of commanding attention,” Schultz noted. “His supporters relish the idea, while his detractors react with outrage. Meanwhile, broader economic concerns, such as inflation and market instability, get overshadowed.” 

Examining the Proposed Loopholes 

Trump’s assertion that he could return to the presidency by serving as vice president under JD Vance faces another constitutional roadblock—the 12th Amendment, ratified in 1804. 

“The 12th Amendment explicitly states that anyone ineligible to serve as president is also ineligible to serve as vice president,” explained Barry Burden, director of the Elections Research Center at the University of Wisconsin-Madison. “That disqualifies Trump from becoming vice president, which renders his suggested strategy unworkable,” according to ABC News. 

Trump’s ally, Steve Bannon, has also floated alternative interpretations, arguing that the 22nd Amendment does not specify that two presidential terms must be consecutive. At a New York Young Republican Club event in December, Bannon hinted at the possibility of Trump running again in 2028. 

“Since it doesn’t explicitly say consecutive, who’s to say we can’t do it again in ‘28?” Bannon suggested. 

However, Schultz dismissed this argument as legally unsound. 

“The amendment’s drafters intended to establish an absolute cap on the number of years a person could serve as president,” Schultz stated. “The provision allowing up to ten years in office applies only in cases where a vice president assumes the presidency after a predecessor’s mid-term departure. It does not create an exception for non-consecutive third terms.” 

Potential Consequences of Trump Pursues a Third Term 

Trump has already tested constitutional limits regarding presidential power throughout his tenure. His latest remarks sparked an immediate backlash from Democratic leaders, with Democratic National Committee Chair Ken Martin denouncing them on X (formerly Twitter): “This is what dictators do.” 

Historically, Republicans have often dismissed Trump’s musings about a third term as political theater intended to energize his supporters and antagonize opponents. However, within days of his second inauguration, Republican Congressman Andy Ogles introduced a resolution proposing the removal of presidential term limits to facilitate Trump’s continued leadership. 

Should Trump formally attempt to run in 2028, election officials and, ultimately, the courts would be responsible for determining his eligibility. A similar legal battle occurred during the 2024 election cycle when multiple states challenged his candidacy under the 14th Amendment’s Section 3 due to his alleged role in the January 6, 2021, Capitol attack. The case reached the Supreme Court, which ruled in Trump’s favor, as per ABC News. 

Barry Burden warns that a 2028 campaign could create another constitutional crisis. 

“The Constitution bars Trump from serving a third term but does not explicitly prevent him from running,” Burden explained. “If Republicans were to nominate him, they would effectively be challenging the Constitution’s authority, hoping to find a way around it if he won.” 

James Sample, a constitutional law professor at Hofstra University, insists that Trump would ultimately lose any legal attempt to reclaim the presidency beyond two terms. 

“Much of the Constitution is written in broad language open to interpretation. But the 22nd Amendment is not,” Sample said. “There is no ambiguity. A person cannot be elected president more than twice.” 

Despite the legal obstacles, Sample believes Trump’s rhetoric alone serves a strategic purpose. 

“If you can turn an otherwise clear-cut legal issue into a debate, you undermine the Constitution itself,” he concluded. “Trump will not serve a third term, but merely by making it a topic of discussion, he chips away at constitutional norms and expands executive power in the long run.”