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Can Trump run again for a third term in 2028? Understanding the U.S. Constitutional limits

Donald Trump has reignited discussions about serving a third term as U.S. president. Some supporters believe there may be ways around the Constitution’s term limits.

Former U.S. President Donald Trump has raised the prospect of serving a third term, some supporters believe there may be ways around the Constitution’s term limits. Photo: AFP
Former U.S. President Donald Trump has raised the prospect of serving a third term, some supporters believe there may be ways around the Constitution’s term limits. Photo: AFP

The topic of presidential term limits in the U.S. is once again making headlines, with former President Donald Trump raising the possibility of serving a third term. But what does de U.S. constitution says about it?

Trump’s recent comments have sparked a conversation about potential loopholes in the Constitution, with the public and legal experts weighing in on whether a third term is even feasible.

Can Donald Trump be U.S. president for the third time?

Donald Trump has stated he is "not joking" about his desire to serve a third term as President of the United States.

In a recent interview with NBC, Trump was asked about his potential third term, and he mentioned that there were "methods" that could make it possible.

He added, "I'm not joking... a lot of people want me to do it," but acknowledged that it was "very early in the administration" and there was still a long way to go. Despite being 82 years old by the end of his second term, Trump expressed his desire to keep working, saying he enjoys the job.

In January, Trump remarked to his supporters that it would be "the greatest honor" to serve not just once or twice, but three or even four terms, although he later clarified this as a joke aimed at the "fake news media."

However, the 22nd Amendment, however, explicitly limits presidents to two terms in office, stating: "No person shall be elected to the office of the president more than twice."

Changing this would require a two-thirds majority in both the Senate and the House of Representatives and the approval of three-quarters of state legislatures.

While the Republican Party controls both chambers of Congress, it lacks the majority necessary to amend the Constitution. The Democratic Party controls 18 of the 50 state legislatures.

How can Trump be president for a third term?

Trump's supporters believe there is a loophole in the Constitution, which has not yet been tested in court. They argue that the 22nd Amendment specifically limits presidents from being "elected" for more than two terms but doesn't address "succession."

According to this theory, Trump could run as the vice-presidential candidate with another nominee, possibly his former vice president, JD Vance, in the 2028 election. If they win, the presidential candidate could immediately resign, allowing Trump to take office through succession.

Steve Bannon, a well-known Trump ally and podcaster, expressed his belief that Trump could "run and win again," citing "a couple of alternatives" for achieving this goal.

Tennessee Republican Representative Andy Ogles introduced a resolution in January to amend the Constitution to allow a president to serve up to three terms, provided they are not consecutive. This would only apply to Trump, as other surviving presidents such as Barack Obama, Bill Clinton, and George W. Bush all served consecutive terms, while Trump won in 2016, lost in 2020, and won again in 2024.

However, the high threshold for constitutional amendments makes Ogles' proposal unlikely to succeed, even though it has sparked discussion.