Can Trump run for a third term in 2028?
The Constitution says no. But Trump keeps 'floating' the idea.


The Constitution says a president can serve only two terms. Donald Trump disagrees. "I'm not joking," he said on NBC’s "Meet the Press." There are "a lot of people" who want him to run for a third term, he said, and "methods [by] which you could do it."
Trump has long talked about running for a third term, "though Republicans have seen these comments as jokes," said NBC News. Some GOP officials are now taking him seriously: Rep. Andy Ogles (R-Tenn.) has introduced a resolution that would extend presidential term limits to give Trump a chance at staying in the White House. One possibility: a scenario in which Vice President J.D. Vance "would run for office and then pass the role to Trump." Another, less-likely option would be to amend the Constitution.
"Mr. Trump has effectively demonstrated an ability to bend the Constitution," said The New York Times. Yet amending the Constitution would be an extraordinary effort: Two-thirds of both houses of Congress must approve the proposal — more than the "slender majorities" Republicans now hold — and three-fourths of state legislators then must ratify it. There is "no ambiguity" about the two-term limit right now, said the Times: "The Constitution does not allow it."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
What did the commentators say?
"There's nothing funny about Trump's third-term 'joke,'" Eric Lutz said at Vanity Fair. The president-elect's jokes often turn out to be "trial balloons he floats out there to see what he can get away with." That's why it's worth worrying about. Trump is already attempting to upend the "traditional checks and balances that underpin the American system of government," Lutz said. The big question now about Trump: "Will he face any political restraints?"
"Staying in power will be the only sure way Trump stays out of prison," Berin Szóka said at The Bulwark. That gives him an incentive to buck the Constitution. Some observers worry that the Supreme Court would let him bypass the 22nd Amendment — justices last year rejected a 14th Amendment challenge to Trump's candidacy stemming from the Jan. 6 insurrection. History shows that "no law or constitutional restriction on its own will stop" the former president, Szóka said. That means the Trump 2028 campaign "has already begun."
The 22nd Amendment is "clear and unambiguous," E.J. Dionne Jr. said at The Washington Post. No president can serve two terms, thus Trump "immediately" became a "lame duck president" upon his January inauguration. This means Republicans, in particular, should start to think about what post-Trump politics might look like. And that's why it's worth insisting — now — on the Constitution's plain language, Dionne said: "Recognizing the limitations on a Trump presidency is a first step toward holding Trump in check."
What next?
Legal experts say there is no constitutional "loophole" that would allow Trump to run for a third term, said FactCheck.org. The scheme to allow Vance to run as a proxy for Trump is "pretty implausible," said Paul Gowder, a professor at Northwestern Pritzker School of Law. If the loophole did exist, he said, "it means that Trump could be president for life, just so long as he could keep finding people to occupy the top of the ticket."
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Joel Mathis is a writer with 30 years of newspaper and online journalism experience. His work also regularly appears in National Geographic and The Kansas City Star. His awards include best online commentary at the Online News Association and (twice) at the City and Regional Magazine Association.
-
Flying into danger
Feature America's air traffic control system is in crisis. Can it be fixed?
-
Pocket change: The demise of the penny
Feature The penny is being phased out as the Treasury plans to halt production by 2026
-
Time's up: The Democratic gerontocracy
Feature The Democratic party is losing key seats as they refuse to retire aging leaders
-
A running list of all the celebrities Trump has pardoned
IN DEPTH Reality stars, rappers and disgraced politicians have received some of the high-profile pardons doled out by the president
-
'The pattern is similar across America'
Instant Opinion Opinion, comment and editorials of the day
-
Judge blocks push to bar Harvard foreign students
speed read Judge Allison Burroughs sided with Harvard against the Trump administration's attempt to block the admittance of international students
-
Trump's trade war whipsawed by court rulings
Speed Read A series of court rulings over Trump's tariffs renders the future of US trade policy uncertain
-
What's next for Elon Musk?
Today's Big Question The world's richest man has become 'disillusioned' with politics – but returning to his tech empire presents its own challenges
-
Trump's super-charged pardon push raises eyebrows and concerns
IN THE SPOTLIGHT Never shy about using his pardon ability for political leverage, Trump's spate of amnesty announcements suggests the White House is taking things to a new level
-
Elon Musk departs Trump administration
speed read The former DOGE head says he is ending his government work to spend more time on his companies
-
Trump taps ex-personal lawyer for appeals court
speed read The president has nominated Emil Bove, his former criminal defense lawyer, to be a federal judge