Copyright Newsweek
President Donald Trump has repeatedly flirted with the idea of seeking a third term in office. But he rejected one way that has been floated by some as a possible gateway for him to continue leading the country after his second term ends in 2029, saying he would not run for vice president in 2028. “I’d be allowed to do that,” he told reporters aboard Air Force One on Monday when asked if he might try to serve a third term by running for vice president first. But he added: “I would rule that out because it’s too cute. I think the people wouldn't like that. It's too cute. It's not, it wouldn't be right.” Why It Matters The 22nd Amendment, which was added to the U.S. Constitution in 1951, says that “no person shall be elected to the office of the President more than twice.” The 12th Amendment also states that "no person constitutionally ineligible to the office of president shall be eligible to that of vice president of the United States." But former Trump strategist Steve Bannon has said repeatedly claimed there is a plan to ensure the president remains in the White House after the next election in 2028. Asked about the constitutional barriers, he has said there are "many different alternatives" that would allow for a third term, though he has not provided details. What To Know It remains unclear how seriously Trump, who would be 82 at the end of his second term, may pursue a third stint in the Oval Office or what method could be used. Newsweek has contacted the White House for comment via an email sent outside regular business hours. Amend the Constitution A bid to amend the Constitution to allow Trump to run for a third term would face a high bar, since it would need approval from a two-thirds majority in both the House and Senate. It would also need the support of three-quarters of state legislature. James Sample, a constitutional law expert and professor at Hofstra University’s School of Law, previously told Newsweek that the odds of repealing the 22nd Amendment in the current political moment “are precisely zero. Congress is presently failing to generate the modest majorities required to end a government shutdown, much less achieving two-thirds supermajorities in both houses, and much, much less doing so to enable an extension of a historically unpopular and divisive presidency.” Run As Vice President Some have suggested Trump may try to serve a third term by being the running mate on a ticket led by someone like Vice President JD Vance, who would then step down to be replaced by Trump. “Voters tolerate a multitude of lies from politicians generally, and Mr. Trump specifically, but the American people are too smart to fall for a sham campaign based entirely on such a ruse,” Sample said. Some have argued that the 22nd Amendment only bars being “elected” more than twice, not serving by succession—though that is disputed and would likely face legal challenges. Experts have also noted that if Trump is not eligible to run for president again because of the 22nd Amendment, he is not eligible to run for vice president either. That’s because the 12th Amendment, which was ratified in 1804, says “no person constitutionally ineligible to the office of President shall be eligible to that of vice president of the United States.” Through The Line of Succession Another potential avenue to a third term could be if Trump was speaker of the House. While historically, every speaker has been a member of Congress, the Constitution allows the House to choose the speaker and does not require them to be a sitting representative. The speaker is second in the order of succession, and can become president if both the presidency and vice presidency are simultaneously vacant. So if both the president and vice president were to resign, the speaker can become acting president until a new president is elected or the term ends. However, the Presidential Succession Act states that anyone acting as president be constitutionally eligible for the office. So the 22nd Amendment would bar Trump from serving as president again via this route. Judicial Reinterpretation of the 22nd Amendment Some conservatives have argued that the 22nd Amendment only bars someone from being “elected” to a third term as president, but does not explicitly bar them from serving a third term. However, that potential loophole is not one that has been tested in court. Rick Hasen, a professor of law at the University of California, Los Angeles, previously told Newsweek that “there is no way legally for Trump to serve a third term. If he is able to do so, it means that the Supreme Court has capitulated to an unconstitutional route for Trump.” What People Are Saying Costas Panagopoulos, a political science professor at Northeastern University, told Newsweek: "Donald Trump often says one thing one day, and a different thing on a different day. I wouldn't put much stock in what he has said on the matter to date. If Trump decides he wants a third term, he will find ways to justify it." He said: "The truth is there is some technical ambiguity in the constitutional statutes, and potentially some ways to circumvent the restriction, but the intention, especially when the 22nd and 12th amendments are taken together, is clearer: presidential terms should be limited to two. "Even if Trump can find some path to allow him to seek a third term, it will be controversial, and it is unclear that his supporters and the GOP will go for it. And there's a long way to go between now and then, especially given Trump will be in his 80s. By then, few may want him to serve another term." Rick Hasen, a professor of law at the University of California, Los Angeles, told Newsweek: "I don’t think any of these routes are likely. It takes supermajorities in both house of Congress and three-quarters of state legislatures to amend the Constitution. The Constitution is clear that Trump is not eligible to run. I believe this is talk meant to keep Trump relevant and to make liberals’ heads explode. Even Trump pivoted to talking about Vance and Rubio when most recently asked about it." Asked which Republicans could run for president in 2028, President Donald Trump told reporters on Monday: “We have great people…We have JD, obviously, the vice president is great. I think [Secretary of State] Marco's [Rubio] great. I think, I'm not sure if anybody would run against those. I think if they ever formed a group, it would be unstoppable. I really do. I believe that. I would love to do it. I have my best numbers ever.” Steve Bannon said in a recent interview with The Economist: "He's going to get a third term…so Trump is going to be president in 2028. And people just ought to get accommodated with that.” He added: “At the appropriate time, we'll lay out what the plan is. But there's a plan. We had longer odds in '16 and longer odds in '24 than we've got in ’28.” What’s Next Trump has not announced plans to seek a third term in 2028. Any effort to do so would likely prompt legal challenges.
