Harvard University Law professor emeritus Alan Dershowitz says the Constitution leaves unresolved questions about whether President Donald Trump could serve a third term, framing the issue as a legal thought experiment rather than a political road map.
Dershowitz said he handed Trump a draft copy of his forthcoming book, Could President Trump Constitutionally Serve a Third Term?, during a brief interaction at the White House during a Hanukkah event Tuesday evening. The book, expected to be published next year, examines whether the 22nd Amendment’s language forecloses all avenues for a former two-term president to return to office.
“I gave him a draft copy of my book, and he smiled when he saw the title,” Dershowitz told the Washington Examiner. “He found it interesting as an intellectual issue.”
The 22nd Amendment states that no person shall be “elected” to the presidency more than twice. Dershowitz argues that the framers’ choice of that word, rather than broader language barring a president from serving again under any circumstances, leaves open narrow constitutional questions.
“The text of the Constitution permits a two-term president from serving a third term as long as he’s not elected to it,” Dershowitz said. “The framers of the 22nd Amendment explicitly rejected language that would have prohibited serving, holding, or acting as president.”
Dershowitz said he began exploring the issue after many legal academics dismissed the idea outright. “Whenever somebody tells me something is unthinkable, I immediately want to think about it,” he said, adding that constitutional amendments must ultimately be interpreted based on their final text, not assumed intent.
His forthcoming book outlines a series of extreme hypotheticals, including succession scenarios triggered by national emergencies. One example involves a former two-term president serving in a Cabinet role and ascending to the presidency after the deaths of both the president and vice president.
“Would the courts interfere if the secretary of state ascended to the presidency and was sworn in?” Dershowitz asked. “It’s just not clear.”
He stressed that such circumstances are extraordinarily unlikely and that he does not believe Trump is actively seeking a third term. “Very unlikely,” Dershowitz said, adding that only an “extraordinary circumstance” could make the question more than academic.
The debate has gained renewed attention amid increasingly blunt rhetoric from some Trump allies. Last month, former White House chief strategist Steve Bannon openly embraced the idea of a “Trump 2028” campaign, saying on his War Room podcast that there are ways to maneuver around the 22nd Amendment. Bannon claimed he has spoken with a prominent constitutional lawyer who told him the amendment is vulnerable to aggressive legal interpretation, boasting that “you can drive a Mack truck through” its language.
BANNON: You damn right it’s Trump 2028. And to quote one of the top constitutional lawyers in this country, “You can drive a Mack truck through the 22nd amendment.”
Suck on that. pic.twitter.com/4IOxxP5G99
— Bannon’s WarRoom (@Bannons_WarRoom) November 3, 2025
Bannon, who did not specify the name of the constitutional lawyer, has repeatedly said there are “many different alternatives” for returning Trump to office and has dismissed constitutional barriers as obstacles to be overcome rather than settled law.
Legal scholars critical of the idea have floated one scenario they view as the most plausible, albeit still remote. In that theory, two Trump allies could run on a presidential ticket with the understanding that they would resign shortly after taking office. Trump could then be elected Speaker of the House, a position not constitutionally limited to sitting members of Congress, placing him in the line of succession.
Dershowitz said the public’s critical reaction to the idea of Trump serving for a third time reflects selective outrage. He noted that similar ideas circulated quietly among liberals after the presidencies of Bill Clinton and Barack Obama. “It often depends on whose ox is being gored,” he said.
TRUMP PLAYS KINGMAKER WITH 2028 FIELD AS LAME-DUCK ERA LOOMS
If the nation wants absolute clarity, Dershowitz said, Congress can fix it. “If they really want to make sure it can never happen,” he said, “they can amend the Constitution to say a president can’t serve again, period.”
To amend the Constitution, it would take a two-thirds vote in both the House and Senate, approximately 67 votes in the Senate and 290 in the House for a proposal, followed by three-fourths of state legislatures.
