CAN Trump really run for it THIRD term?

Checked on January 18, 2026
Disclaimer: Factually can make mistakes. Please verify important information or breaking news. Learn more.

Executive summary

The short answer: not by ordinary means — the Twenty‑Second Amendment bars anyone from being elected president more than twice, and constitutional scholars overwhelmingly say that rule would prevent Donald Trump from legitimately winning a third elected term [1] [2]. That legal wall has prompted allies and commentators to float a handful of contingency theories — from a constitutional amendment to surgical succession maneuvers — but the practical and legal obstacles make a lawful, straightforward “third‑term” election for Trump effectively implausible under current law [3] [4].

1. The constitutional roadblock: the Twenty‑Second Amendment is explicit

The Constitution’s Twenty‑Second Amendment flatly provides “No person shall be elected to the office of the President more than twice,” a limit echoed in authoritative government annotations and widely reported summaries of the law [1]; major outlets and encyclopedic summaries note that because Trump has now been elected twice, he is ineligible to be elected a third time [5] [6].

2. Legal consensus versus political theater: scholars and boosters are not on the same page

Reporting shows constitutional scholars broadly conclude that a third elected term is barred and even the president has publicly said “it’s pretty clear I’m not allowed to run” [2] [7], while close allies and commentators — most visibly Steve Bannon and attorney Alan Dershowitz — have publicly promoted arguments or books exploring loopholes and alternative routes that would keep Trump in power beyond two elected terms [2] [8].

3. The amendment route: theoretically possible, practically impossible

Changing the Constitution would be the cleanest legal fix, but it is also the steepest political climb: a constitutional amendment ordinarily requires two‑thirds of both congressional chambers and ratification by three‑quarters of the states — a threshold observers call virtually impossible for this purpose, and one political actors have not demonstrated the capacity to clear [3]. Proposals in Congress and at the state level have appeared as prophylactic or symbolic measures — for instance, California lawmakers have introduced language aimed at keeping Trump off ballots — but those moves underscore political anxiety more than they make an amendment likelier [9].

4. Loophole theories: vice‑presidential runs, succession schemes, and electoral tricks

A handful of scenarios have been floated: running as vice president and ascending to the presidency, being appointed to a Cabinet post and then placed in the line of succession, or relying on an Electoral College stalemate to have the House choose the president — each theory faces legal rebuttals or constitutional text that undercuts it. The Twelfth Amendment bars a person “constitutionally ineligible to the office of President” from being vice president, undercutting the VP‑ticket workaround [10], while succession‑by‑appointment ideas that would avoid an election have been sketched by academics and bloggers but remain speculative and fraught with legal and political hurdles [4]. Dershowitz’s more unconventional scenarios — including Electoral College abstention leading to a House selection — are reported and debated but not widely accepted by mainstream constitutional scholars [8].

5. Politics, propaganda, and the role of rhetoric

The debate is as much political signaling as legal strategy: Trump merchandise like “Trump 2028” hats and public comments keep the idea alive as a mobilizing slogan even as legal experts dismiss it [11]; meanwhile, operatives such as Bannon openly cheerlead alternative plans and pressure potential 2028 contenders, blending genuine contingency planning with provocation and fundraising dynamics [12] [2].

Bottom line

Under the text of the Constitution and prevailing legal interpretation, Trump cannot lawfully be elected to a third term in 2028; efforts to change that outcome would require extraordinary constitutional amendment processes or highly controversial succession maneuvers that would provoke immediate legal challenges and deep political resistance — possibilities that exist in theory but are, given current institutions and scholarship, remote [1] [3] [4]. Reporting shows active debate and creative strategizing among allies, but legal consensus and institutional friction make a legitimate third elected term essentially blocked absent dramatic, unlikely changes [2] [8].

Want to dive deeper?
What exactly does the Twelfth Amendment say about eligibility for vice president and how would it apply to a two‑term former president?
What steps and state votes would be required to amend the Constitution to allow a three‑term presidency, and how has that process played out historically?
What legal challenges and court rulings would likely follow any unconventional attempt to keep a two‑term president in power after 2028?