President Donald Trump has frequently mentioned the possibility of seeking a third term, but his recent comments have stirred up significant controversy. During a phone interview with NBC News’ “Meet the Press” moderator Kristen Welker on Sunday, Trump made his most serious remarks yet on the topic, stating, “I’m not joking” and suggesting that there are ways he could extend his presidency beyond the usual two terms.
Constitutional scholars consulted by ABC News have dismissed Trump’s suggestions as nearly impossible to achieve. The idea of a third term for Trump goes against the 22nd Amendment to the Constitution, which states that no individual can be elected as president more than twice. Legal and election experts have emphasized that any attempt by Trump to secure another term would be a direct violation of the Constitution.
While Trump hinted at scenarios involving Vice President JD Vance running for president in 2028 with Trump as his running mate, ultimately leading to Trump assuming the presidency, experts have pointed out the legal barriers to such a plan. The 12th Amendment, for instance, prohibits anyone ineligible to be president from serving as vice president, thwarting the proposed scheme.
In order to pursue a third term, Trump would need to amend the Constitution, a highly unlikely and complex process requiring significant support from Congress and the states. Despite the attention and reactions generated by Trump’s remarks, experts have underscored that there is no constitutional basis for him to serve as president beyond two elected terms.
Alternatives exist for Trump to run in 2028. Bannon suggested at the New York Young Republican Club gala in December that Trump could potentially run for a third term as his previous terms were not consecutive. Schultz, however, argued against this, citing the 22nd Amendment which limits the presidency to two terms. The amendment specifies that no person can be elected to the office of president more than once if they have already served for more than two years of a term to which some other person was elected. This limitation was established to prevent individuals from serving for more than two terms. Despite these legal constraints, Trump has previously tested the boundaries of presidential power, leading to concerns from Democrats and legal experts. If Trump were to attempt to run in 2028, it would likely result in legal challenges and court decisions. Sample, a constitutional law expert, emphasized that the 22nd Amendment is clear-cut and Trump would likely not succeed in court if he tried to run for a third term.
“It is possible to enhance executive power even when losing a specific battle,” he stated. “However, this particular battle is unwinnable. Pursuing a third term is not an option, but by presenting it as a debate, he will effectively diminish respect for the Constitution.” An article titled “Trump says he’s ‘not joking’ about possibly seeking a 3rd term.
