Harvard Law professor Alan Dershowitz recently met with President Trump at the White House to discuss constitutional loopholes that could theoretically allow a third presidential term, sending shockwaves through the political establishment.
Story Highlights
- Dershowitz presented Trump with a book draft exploring third-term scenarios through Electoral College abstention or Speaker succession
- Trump displayed a “Trump 2028” hat in the White House, fueling speculation about his intentions
- Constitutional scholars dismiss the scenarios as practically unfeasible despite theoretical possibilities
- The 22nd Amendment limits presidents to two elected terms, but Dershowitz argues the wording creates potential loopholes
Dershowitz Presents Third-Term Blueprint to Trump
Alan Dershowitz, the Harvard Law emeritus professor who defended Trump during his 2020 impeachment, delivered a provocative book draft to the President during a recent White House meeting. The manuscript, titled “Can President Trump Serve a Third Term Under the Constitution?” scheduled for 2026 publication, outlines theoretical pathways around the 22nd Amendment’s two-term limit. Dershowitz argues the amendment’s specific language—”No person shall be elected to the office of the President more than twice”—creates potential constitutional workarounds.
Constitutional Loopholes Spark Academic Debate
The scenarios presented by Dershowitz center on exploiting the word “elected” in the 22nd Amendment. One pathway involves Electoral College members abstaining from voting, potentially forcing the election to Congress where Trump could theoretically emerge through House delegation voting. Another involves Trump becoming House Speaker and ascending to the presidency through a complex succession scenario requiring strategic resignations. These mechanisms, while constitutionally novel, have never been tested in American political history.
Trump Hints While Aides Downplay Speculation
President Trump has sent mixed signals about his third-term ambitions. While displaying a “Trump 2028” hat in his White House office and making ambiguous comments, his administration officially downplays the possibility. Chief of Staff Susie Wiles stated in a December 16 Vanity Fair interview that Trump “knows he cannot run.” However, when pressed about extended service, the White House responded that “if he serves longer, America would be fortunate,” maintaining strategic ambiguity on the controversial topic.
Legal experts remain skeptical about the practical viability of these scenarios. Hofstra Law professor James Sample criticized the succession pathway as requiring “improbable ally resignations” and noted that Electoral College members are typically bound by state laws. The theoretical nature of these discussions reflects more academic curiosity than actionable political strategy, according to most constitutional scholars who have reviewed Dershowitz’s proposals.
Historical Precedent and Political Reality
The 22nd Amendment, ratified in 1951, was specifically designed to prevent another Franklin D. Roosevelt situation, where a president served four terms from 1933 to 1945. No president since has attempted to circumvent this constitutional barrier, though Ronald Reagan briefly floated third-term ideas in 1980 before dismissing them. Trump’s non-consecutive terms (2017-2021, 2025-present) would exhaust his electoral eligibility under traditional interpretations, making any third-term pursuit unprecedented in modern American politics.
The speculation serves multiple political purposes beyond actual constitutional maneuvering. It energizes Trump’s base while simultaneously provoking opponents, creating media attention that distracts from policy discussions and 2028 primary preparations. This strategic ambiguity allows Trump to maintain political relevance beyond his current term while avoiding concrete commitments that could generate legal challenges or constitutional crises.
Sources:
Harvard Law Scholar Proposes Scenarios for Trump’s Third Term
