Could Trump Legally Pursue a Third Term as President?

The notion of a U.S. president extending their term beyond the constitutional limits has historically been considered a democratic taboo. Yet, in the era of Donald Trump, such boundaries appear to be fading. The Republican mogul, who led the nation from 2016 to 2020 and returned to power in 2024 following a fiercely contested election, is now testing the legal and political waters for a third term, despite the explicit prohibition in the 22nd Amendment of the U.S. Constitution.

Trump has made it clear that he doesn't conform to precedents or conventions: he's eyeing a 2028 run and is actively seeking "methods" to make it happen. "He's not joking," journalist Kristen Welker of NBC News confirmed in an interview when asked about the possibility of a third term. In the same conversation, Trump cryptically remarked, "There are methods." Though he didn't elaborate, he left the door open for a significant legal, institutional, and political debate that could challenge a fundamental tenet of America's democratic system.

The Constitutional Hurdle: The 22nd Amendment

Since 1951, the U.S. Constitution has explicitly barred any individual from being elected president more than twice. This was instituted through the 22nd Amendment, following Franklin Delano Roosevelt's unprecedented four-term presidency. The amendment reads: "No person shall be elected to the office of the President more than twice." This measure was designed to prevent a concentration of power after Roosevelt's extended presidency, which had stirred fears of a monarchical-like leadership. Since then, all presidents, regardless of their popularity, such as Ronald Reagan or Barack Obama, have adhered to this rule. But with Trump, the scenario is different.

Exploring Legal Pathways for a Third Term

Trump has repeatedly hinted, mixing humor with seriousness, at the idea of a third term. During a rally in Nevada, he quipped, "It will be the greatest honor of my life to serve, not once, but two times or three times or four times," although he quickly suggested it was a joke. One of the more controversial arguments comes from a 1999 article in the Minnesota Law Review by Professor Bruce Peabody, who argued that the 22nd Amendment has been "widely misunderstood." He suggested that the amendment doesn't prevent someone twice elected from returning to power through other means, such as succession from the vice presidency. "The 22nd Amendment only proscribes the re-election of a President already elected twice," Peabody wrote. This interpretation has been echoed by Trump's allies, like Steve Bannon, who in March stated on NewsNation, "I firmly believe President Trump will run and win again in 2028... We're working on it."

JD Vance's Theory: The Succession "Trick"

One proposed strategy involves a political ally—such as JD Vance—running for president in 2028 with Trump as vice president or key advisor. Once in office, this president would resign, allowing Trump to ascend under the line of succession. However, this idea faces significant constitutional obstacles, particularly the 12th Amendment, which states: "No person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States." In essence, if Trump is ineligible for the presidency due to his two terms, he likewise cannot be vice president. This legal roadblock renders the succession plan unfeasible.

Legislative Support: Andy Ogles' Proposal

Despite the constitutional hurdles, some lawmakers are attempting to pave the way for a rule change. Congressman Andy Ogles, a Republican from Tennessee, has introduced a bill to amend the 22nd Amendment. His proposal would allow a former president with non-consecutive terms to serve a third term. The proposed text is clear: "No person shall be elected to the office of the President more than three times, nor be elected to any additional term after having been elected to two consecutive terms..." The aim is singular: to legally enable a third term for Trump. Ogles bluntly justifies this by saying, "Trump has proven to be the only figure in modern history capable of reversing our nation's decline and restoring America's greatness."

Legal Hurdles and Democratic Concerns

Amending a constitutional amendment in the United States is an extremely challenging process. It necessitates the support of two-thirds of Congress (both the House and the Senate) and ratification by 38 of the 50 states. In a deeply divided nation, this scenario seems nearly impossible. Moreover, numerous experts have warned about the democratic implications of these attempts. Michael Waldman, president of the Brennan Center at New York University, stated: "It's illegal. It has no chance. That's all there is to say." Constitutional scholar Kimberly Wehle told The New York Times that the 22nd Amendment "leaves no room for ambiguity," adding, "There was concern about consolidating power in a masterful way."

From Politics to Authoritarian Culture

Trump's persistence in exploring ways for a third presidency echoes authoritarian practices by other global leaders. In Russia, Vladimir Putin bypassed legal limits by alternating between the presidency and the prime ministership while maintaining real power. In China, Xi Jinping removed term limits to become "president for life." Trump has cited both cases with admiration. For Susan Glasser, a journalist with The New Yorker, Trump's strategy is clear: "Normalize the unthinkable and act accordingly."

A Democratic Experiment Under Strain

Trump's attempt to seek a third term represents a profound institutional challenge, a litmus test for the strength of American democracy. Although the Constitution is explicit in its language, legal loopholes, manipulation of gaps, and pressure on the judicial and legislative systems are part of a power strategy already seen in 2020 and 2021. What once seemed unthinkable is now on the table. And if Donald Trump has shown anything, it's his ability to bend norms, resist limits, and rewrite the rules of the game.