Could Trump Navigate Loopholes for an Unprecedented Third Term?

White House with American flag and garden

President Trump’s “Trump 2028” merchandise sparks constitutional debate while effectively freezing the Republican presidential field for the next election cycle.

Key Takeaways

  • Donald Trump’s campaign is selling “Trump 2028” merchandise despite constitutional limits preventing presidents from serving more than two terms.
  • The 22nd Amendment explicitly prohibits anyone from being elected president more than twice, making a third Trump term legally impossible without a constitutional amendment.
  • Trump’s third-term talk effectively freezes potential 2028 Republican candidates like JD Vance, Marco Rubio, Ted Cruz, and Ron DeSantis.
  • Republican leaders generally downplay Trump’s comments as his characteristic humor rather than serious intentions.
  • A constitutional amendment proposed by Rep. Andy Ogles to allow three presidential terms would require overwhelming legislative support to succeed.

Constitutional Limitations and Merchandise Strategy

The Trump Organization has begun selling “Trump 2028” merchandise on official channels, despite the 22nd Amendment’s clear prohibition against presidents serving more than two terms. This merchandise launch has reignited discussions about presidential term limits and Trump’s future political plans. The 22nd Amendment, ratified in 1951 following Franklin Roosevelt’s unprecedented four terms, explicitly states that “no person shall be elected to the office of the President more than twice.” This constitutional barrier means Trump cannot legally pursue a third term without an amendment process that would require two-thirds approval in both houses of Congress and ratification by three-fourths of state legislatures.

Trump himself has acknowledged these limitations in a recent interview with The Atlantic, stating it would be “very hard” to run for a third term. While he has occasionally joked about the possibility, he has confirmed it’s not something he’s actively pursuing. Nevertheless, the merchandise and ongoing commentary keep the conversation alive, serving strategic political purposes beyond any realistic constitutional challenge.

Freezing the 2028 Republican Field

Trump’s ambiguous stance on 2028 has effectively paralyzed potential Republican presidential candidates. Rising GOP stars like Vice President JD Vance, Marco Rubio, Ted Cruz, Josh Hawley, and Ron DeSantis find themselves unable to begin positioning for a presidential run while Trump maintains this deliberate uncertainty. Political analysts note this creates a holding pattern where ambitious Republicans must wait for Trump’s blessing before making any moves toward a campaign, demonstrating his continued dominance over the party’s future direction.

“He’s not going to run for another term, Don’t underestimate the degree to which he believes any Trump-centered noise is good, because it starves his opponents.” – Newt Gingrich

JD Vance, as Trump’s Vice President, stands in a particularly delicate position. While well-situated for a future presidential run with his increased national profile and MAGA connections, Vance must carefully balance his own ambitions with loyalty to Trump. When discussing his future plans, Vance has emphasized focusing on his current role, stating, “If I do really well for the next four years, everything else will take care of itself.” This approach allows him to maintain credibility with Trump supporters while preserving his future options.

Constitutional Theories and Political Reality

Some Trump allies have explored theoretical constitutional loopholes that might enable a third term. One scenario involves Trump serving as Vice President to a candidate like Vance, who could then resign to make Trump president again. This theory creates complex constitutional questions involving both the 22nd and 12th Amendments. Constitutional scholars point out that the 12th Amendment states that no person constitutionally ineligible to be President can serve as Vice President, creating a substantial legal barrier to such maneuvers.

“Doing so would invite “total and complete rejection,” said Steve Bannon, a senior White House official in Trump’s first term who is exploring ways for Trump to serve a third term. “Trump is MAGA; MAGA is Trump.”” – Steve Bannon

Republican congressional leaders have generally downplayed Trump’s third-term comments as characteristic humor rather than serious intentions. Senate Majority Leader John Thune and others suggest the remarks are part of Trump’s unique communication style rather than a constitutional challenge. Meanwhile, Rep. Andy Ogles has proposed a constitutional amendment that would allow presidents to serve three terms, though the overwhelming approval requirements make this path extremely unlikely.

Strategic Ambiguity

Political strategists note that Trump benefits from maintaining ambiguity about his 2028 intentions. By keeping the possibility alive through merchandise and occasional comments, he ensures continued relevance, prevents other Republicans from building 2028 campaigns, and maintains his central position in American political discourse. This approach allows Trump to avoid being seen as a lame duck while simultaneously building his political brand and leveraging continued influence over the Republican Party’s direction and future leadership.

The appearance of “Trump 2028” hats worn by family members like Eric Trump and the merchandise’s popularity among supporters demonstrate how effective this strategy has been at maintaining enthusiasm within his base. Regardless of constitutional realities, the third-term conversation has successfully extended Trump’s political timeline and influence beyond what would traditionally be possible for a second-term president constrained by the 22nd Amendment.

Sources:

  1. No, Trump Cannot Run for Re-election Again in 2028
  2. Trump’s third-term talk freezes the potential 2028 Republican field
  3. Trump Says It Would Be ‘Very Hard’ to Run for Third Term

RELATED ARTICLESMORE FROM AUTHOR