President Donald Trump has once again floated the possibility of returning to the White House for a third term, and legal scholars are debating whether a constitutional loophole could make it possible.
“A lot of people want me to do it,” Trump told NBC’s Kristen Welker on Sunday when asked about running again. “I’m not joking,” he added, claiming there are “methods” that could allow him to serve beyond the two terms allowed under the Constitution. When pressed aboard Air Force One on Sunday, Trump declined to say whether he plans to step down on Jan. 20, 2029.
The 22nd Amendment clearly prohibits anyone from being elected to the presidency more than twice — a rule ratified in 1951 after Franklin D. Roosevelt’s four-term presidency. However, some legal theorists say that precise wording may leave the door cracked open under unusual scenarios, including a run for vice president.
One hypothetical, first explored in a 1999 law review article called “The Twice and Future President” by Bruce Peabody, suggests that Trump could become Vice President JD Vance’s running mate in 2028, assuming Vance launches a presidential bid and is willing to trade roles with the president. The article explored how the Framers toiled on whether to ban ex-presidents from being able to “hold” office or be “elected” again to office and settled on the latter verbiage.
If elected, Vance could resign or be removed, elevating Trump to the presidency without technically being elected a third time, so the theory goes.
New York University law professor emeritus Stephen Gillers sees this as plausible but unlikely. Trump could “make a deal” with Vance that, ahead of the 2028 election, they switch places on the Republican ticket, Gillers said in an interview with NPR.
Alternatively, Congress could approve Trump’s appointment as vice president after the election, setting up a lawful return to power. “It is not implausible,” Gillers added. “Just the existence of the possibility … gives Trump power.”
Another congressional avenue being explored by at least one lawmaker involves a bill to change the 22nd Amendment to allow a president to serve for 12 years. Rep. Andy Ogles (R-TN) has been pushing legislation that would require a two-thirds vote in the Senate to amend the Constitution.
If the man who created the disastrous 'New Deal' gets more than two terms, then the man who created the 'Art of The Deal' should get the same.#TrumpThirdTerm pic.twitter.com/YOzozWviGE
— Rep. Andy Ogles (@RepOgles) March 31, 2025
“If the man who created the disastrous ‘New Deal’ gets more than two terms, then the man who created the ‘Art of The Deal’ should get the same,” Ogles posted to X on Monday.
Still, critics say the idea would almost certainly face an uphill road in court.
“Under any reasonable interpretation of the 22nd Amendment, he can’t run again,” said Jeremy R. Paul, a constitutional law professor at Northeastern University. “The only way to do it is if he openly breaks the law.”
Paul points to the 12th Amendment, which states that “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President,” as an additional barrier. Though some might argue that Trump is not ineligible to serve, only to be elected, Paul calls that a “ludicrous argument” that would lead the courts into lawless territory. “The meaning of the 22nd Amendment could not be clearer,” he said.
Even so, the conversation reflects broader concerns on the Left of democratic erosion and institutional fragility.
“Everywhere there are term limits, there are vulnerabilities,” said Michigan State law professor Brian Kalt. “In a certain situation … people will jump all over any loophole they can.”
Still, the prospect of a third Trump presidency could be another humorous way for him to rile the media, as Trump does best.
BERA CALLS ON COLLEAGUES TO ‘UPHOLD THE CONSTITUTION’ AND FIGHT TRUMP’S THIRD TERM
“There’s a lot of things the president talks about … ultimately it gets people talking and addresses some other issues too,” House Majority Leader Steve Scalise (R-LA) told reporters on Monday, referring to other grand ideas Trump has floated, such as taking over Greenland or the Panama Canal.
But, as Gillers notes, even a perception that it’s possible to serve a third term could give Trump leverage in Washington.
