Donald Trump on Sunday said he was “not joking” about the possibility of seeking a third term as president of the United States, even though the US Constitution bars presidents from being elected more than twice.
“There are methods which you could do it,” Trump said when asked if he was serious, in an interview with NBC News. One such method, he hinted, could involve Vice President JD Vance running in 2028 and stepping down if elected, to allow Trump to take over.
“But there are others too,” he added, without elaborating. “A lot of people want me to do it.”
The remark set off a wave of alarm and speculation, especially because this wasn’t the first time he has floated the idea.
So, can he really do this? And what are his options?
Has Trump teased a third term before?
Trump has repeatedly hinted at staying in power beyond two terms.
In 2018, at a fundraiser at Mar-a-Lago – his Florida resort-cum-home – Trump referred to Chinese President Xi Jinping’s indefinite term in office and joked: “Maybe we’ll give that a shot someday.”
During campaign rallies, he has said his supporters might demand he serve a third term, once referring to it as “reparations” for being investigated over Russian interference. In 2020, he said in a social media post that the “election should be delayed until people can properly, securely and safely vote”, again raising fears he might attempt to overstay his term.
Steve Bannon, his former chief strategist, has also made public statements suggesting that Trump and his aides have explored unconventional ways to hold onto power.
In a recent interview, Bannon predicted that Trump would run and win again in 2028.
“I think he is going to run again in 2028 and I think he is going to win,” Bannon said. “I think we’ll have a couple of alternatives,” he said about ways in which Trump could seek a third term despite constitutional limits.
Whether this is strategy or just politics as usual, it highlights a recurring theme in Trump’s narrative, which is testing the boundaries of the US Constitution.
What does the 22nd Amendment say?
The 22nd Amendment to the US Constitution, ratified in 1951, states that “no person shall be elected to the office of the President more than twice.”
The language appears straightforward, capping the number of presidential elections a person can win at two.
But some of Trump’s allies argue that it leaves room for interpretation – specifically, that while a person cannot be elected more than twice, it might still be possible to become president through succession rather than election.
Why was the 22nd Amendment introduced?
Prior to Franklin D. Roosevelt, no president had served more than two terms – a tradition started by George Washington and respected for more than 150 years.
But Roosevelt was elected four times, serving from 1933 until his death in 1945. In response, legislators moved to pass the 22nd Amendment, which was ratified by the states in 1951. The goal was to codify the two-term tradition and prevent any future president from holding office for more than two terms.
How could Trump try to circumvent the 22nd Amendment?
The most commonly discussed loophole involves Trump running as vice president in 2028. If a Republican is elected president and then resigns, dies, or is removed from office, Trump could theoretically succeed to the presidency.
This concept is based on a narrow reading of the 22nd Amendment, which bars a person from being elected more than twice – not from serving more than two terms. Supporters of this theory argue that the amendment might not prohibit Trump from becoming president through the line of succession.
Some legal scholars reject this as a viable option, including constitutional law expert Bruce Fein.
“There are zero constitutional methods to circumvent the 22nd Amendment,” Fein told Al Jazeera.
Fein warned that if Trump seeks to go against the 22nd Amendment, there might be few other limits the president sticks to, in his bid to hold on to power.
“Trump hopes to torch the Constitution and coronate himself as king in the manner of Napoleon’s… self-coronation as Emperor in 1804,” Fein said. “If Trump flouts the 22nd Amendment, he will have no scruples defying court orders … summoning the military to arrest and imprison judges, legislators, and political opponents.”
One specific limitation on Trump using the wording of the 22nd Amendment as a loophole? The 12th Amendment, say some scholars.
What is the 12th Amendment?
The 12th Amendment states that “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”
In plain terms, if Trump is no longer eligible to be president, having already served two terms, then he cannot be vice president either, according to the dominant interpretation of this amendment.
“Trump would also be barred from running for VP under the 12th Amendment because he would be ineligible for the presidency,” Fein confirmed.
Courts might therefore interpret Trump’s nomination as vice president as a direct violation of constitutional intent.
Can the 22nd Amendment be revoked?
In theory, yes. But it’s extremely unlikely.
Revoking the 22nd Amendment would require a constitutional amendment: Two-thirds support in both the House and Senate, followed by ratification from three-fourths of state legislatures (38 out of 50 states).
Currently, Republicans control only about 28 state legislatures – far short of the required number. In Congress, Trump’s party does not have the necessary two-thirds support in either chamber.
Are there other ways Trump could become president again?
Technically, yes, argue some lawyers.
If Trump were elected as VP, the president he is elected under might not even need to resign for Trump to effectively lead the nation, Cornerstone Law, a Pennsylvania-based law firm, suggested in an article a few months ago. In theory, if the president were temporarily incapacitated, Trump could serve as “acting president” under the 25th Amendment.
The argument again hinges on the fact that the 22nd Amendment bars being elected more than twice – not necessarily holding the office again through other means.
Still, the Cornerstone article also admits that this interpretation is legally untested and would likely face major challenges.
Other options, like Trump entering the presidential line of succession through a Cabinet appointment, for instance, have also been floated, but would again require navigating serious constitutional and political roadblocks.
He could also serve as an unofficial “shadow president” in a future administration, holding huge political sway without the official title.
But even then, courts would likely consider the overall purpose of the 22nd Amendment – which was to limit how long someone can stay in power in any form after two terms.
Still, Fein said Trump’s rhetoric and intentions should not be dismissed as mere trolling.
“Except for the somnolent, Trump is setting the stage to light a match to the constitutional order,” he said.
Ultimately, the law is only as strong as the public’s willingness to uphold it, he said. It is what people are willing to “fight and die for”.
