Donald Trump’s second term has only recently commenced, yet Trump and his supporters are already hinting at the possibility of pursuing a third term. “I doubt I’ll be running again,” Trump remarked to his Republican counterparts in the House last November, adding a caveat, “Unless you say, ‘He’s so exceptional that we need to come up with another plan.’”
The 22nd Amendment is clear on this matter: “No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which someone else was elected President shall be elected to the office of the President more than once.”
Nevertheless, the Constitution hasn’t deterred Trump in the past.
Trump isn’t the first President to believe that more than eight years in the Oval Office is warranted. Franklin Delano Roosevelt was elected for a fourth term in 1944 but passed away in 1945, which led Republicans to pursue a constitutional amendment to formalize term limits—a concept that was previously just a tradition upheld by George Washington, who chose to step down after two terms, despite others seeking more. Both Ulysses Grant and Theodore Roosevelt made unsuccessful attempts for a third term, while Woodrow Wilson had plans to run again before his death during his second tenure.
Even after the ratification of the 22nd Amendment in 1951, some Presidents have entertained the idea of a third term. In 1986, Ronald Reagan jokingly mentioned the possibility of “giving it another shot,” according to a TIME report, which noted: “Reagan perceives the 22nd Amendment as a restriction on presidential influence and believes it should be repealed after his departure from office. ‘It’s only democratic,’ he stated, for citizens to elect a President as many times as they desire—some future President, of course.”
In 2015, Barack Obama expressed that he believed he would win if given the chance to run for a third term, but he conceded that he couldn’t because “the law states that.”
However, Trump doesn’t appear to be entirely convinced of those legal limitations.
Here’s what you should know about the potential for a Trump third term and the insights from legal experts regarding this situation.
Trump’s Thoughts on a Third Term
Trump first introduced the idea of extending his presidency beyond a second term during a 2020 campaign rally in Reno, Nevada. “We’re going to win Nevada and secure four more years in the White House,” he stated. “And then after that, we’ll negotiate. Right? Because we’re probably—based on how we’ve been treated—we might be entitled to another four after that.”
Yet, in an April 2024 interview with TIME, Trump downplayed the notion of challenging the 22nd Amendment, asserting: “I will serve one term, I’m going to perform exceptionally, and then I will step down.”
Later, during a National Rifle Association event in May, Trump remarked: “You know, FDR served for nearly 16 years—he had four terms. I wonder, are we going to be seen as a three-term administration? Or a two-term one?”
On January 25, following his second-term inauguration at an event in Las Vegas, Trump stated: “It will be the greatest privilege of my life to serve—not just once, but twice—or three times or four times.” After receiving applause from his supporters, Trump smiled and added, “headlines for the fake news,” before clarifying, “no, it will be to serve twice.”
However, two days later, while addressing House Republicans in Florida, Trump commented: “I’ve raised considerable funds for the next election, which I assume I can’t use for my own campaign, but I’m not entirely certain because—I don’t know, I think I’m not permitted to run again. Am I allowed to run again, Mike?” He turned to House Speaker Mike Johnson, who was present, and added, “I’d better not embroil you in that debate.”
At the National Prayer Breakfast on February 6, Trump remarked: “They claim I can’t run again. That’s the saying. ‘Sir…’ Then someone mentioned, ‘I don’t think you can.’ Oooh…”
How Trump Might Circumvent the Constitution
Politico Magazine recently discussed four potential ways Trump could “seize a third term—despite the 22nd Amendment,” summarizing them as: amending the Constitution, circumventing the Constitution, disregarding the Constitution, or openly defying the Constitution.
Trump’s Attorney General Pam Bondi acknowledged during her confirmation hearing that a third term for Trump would necessitate constitutional amendments. Also, Trump ally Rep. Andy Ogles (R, Tenn.) introduced a joint resolution on January 23 aimed at initiating this process, proposing to amend the Constitution so that “no person shall be elected to the office of the President more than three times, nor be elected to any additional term after serving two consecutive terms.” (Critics have noted that the latter clause was likely included to prevent Obama from potentially leveraging such an amendment for a third term.)
Despite Republicans controlling both the House and Senate, amending the Constitution has significantly stricter requirements than passing standard legislation. It necessitates a two-thirds majority in both chambers and ratification by three-fourths of the states.
There is “no feasible way” such an amendment would secure the necessary support, according to renowned constitutional scholar and UC Berkeley Law dean Erwin Chemerinsky. Moreover, David Schultz, a political science professor at Hamline University, tells TIME: “All of this would need to unfold in a two to three-year time frame at most in order for Trump to launch a third-term campaign. The logistics and politics involved in this render it—allow me to say—virtually impossible.”
The second route, as per Politico, involves Trump potentially “exploiting a little-noticed loophole” in the Constitution. The 22nd Amendment specifies that a President who has served two terms cannot be elected to a third, but it does not state that a President cannot serve a third term. Some interpretations suggest this could mean that someone like Trump could reclaim the presidency from the vice presidency.
However, attempting this may encounter challenges with the 12th Amendment, which states that “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President.” Bruce Peabody, a professor of government and politics at Fairleigh Dickinson University, shares with TIME: “You’d need to interpret that eligibility language in somewhat creative ways that may stray from the constitutional text. You’d need to assert that, ‘Well, really, what eligibility means is that nobody unelectable to the office of President is electable to the office of Vice President.’ It’s a possibility, but why doesn’t it say that explicitly?” Furthermore, Trump would have to be appointed Vice President, akin to Gerald Ford, prior to ascending to the presidency. Nonetheless, Peabody doesn’t dismiss the idea of Trump attempting this: “We’ve already witnessed some—let’s say—unconventional legal arguments from the Trump Administration.”
How Trump Might Disregard or Defy the Constitution
In the absence of a new constitutional amendment, should Trump try to run or assume office again, the courts would have the responsibility to intervene.
The Supreme Court—comprising six justices appointed by Republicans, three of whom were selected by Trump—might rule in his favor, potentially interpreting the 22nd Amendment, as some conservatives have suggested, to apply only to consecutive terms; or embracing the vice-presidential loophole while dismissing 12th Amendment objections or taking other paths.
Laurence Tribe, a professor emeritus of constitutional law at Harvard University and a leading constitutional scholar, dismisses that possibility. “The court is very pro-Trump, but it’s not irrational,” he tells TIME. “This Court would unanimously rule that the 22nd Amendment is valid and its meaning aligns with its intended purpose.”
Michael Klarman, a professor of legal history at Harvard University, adopts a more cautious stance, given last year’s Supreme Court ruling on presidential immunity. “Weak arguments can prevail in the Supreme Court when there’s a strong push for them to succeed,” he states.
Additionally, there is a chance that Trump could simply refuse to vacate the presidency in 2029, disregarding the Constitution and the judiciary. Vice President J.D. Vance has previously proposed that the executive branch ought to bypass the judicial branch—a notion that contradicts the foundational separation of powers within the republic. It’s also notable that Trump made attempts to cling to power following the 2020 election loss.
“There are certainly scenarios in which he might not need to rely on such legalistic loopholes; he could simply strive to maintain power,” suggests Peabody, “as is often the case with individuals drawn to authority.”
Yet, such a course could require substantial public backing, something legal experts like Klarman and Tribe argue is unlikely for Trump, who by 2029 would be 82 years old.
Tribe believes that the odds of Trump serving more than eight years, by any means, are extremely slim: (“Less likely than the possibility of an asteroid striking Singapore tomorrow morning,” he says regarding the vice-presidential approach.)
So why does Trump continuously mention this? “Presenting the idea of a third term serves as a distraction for public focus,” Tribe remarks.
What is more critical, as Klarman suggests, is what Trump does over the next four years. “He could easily undermine democracy to a degree that it becomes irrelevant whether he, Don Jr., Elon Musk (who could find ways around birthright citizenship requirements), or J.D. Vance holds the title of President in 2029.”
