Can He Legally Return for a Third Term Through This Loophole?

President Donald Trump has once again suggested that he could serve a third term in the White House, sparking renewed discussion among legal scholars and lawmakers over whether a constitutional path exists to make such a scenario possible.

During an interview with NBC’s Kristen Welker on Sunday, Trump was asked directly about the possibility of running again after 2028. “A lot of people want me to do it,” he said.

“I’m not joking,” he added, indicating that there are “methods” that could permit him to serve beyond the two-term limit established by the U.S. Constitution.

BREAKING: President Donald Trump on serving a 3rd term as president

“A lot of people want me to do it.”

“I’m not joking,” Trump said, when asked to clarify [NBC interview]. “But I’m not — it is far too early to think about it.”

“There are methods which you could do it.” pic.twitter.com/O6kyOfuaNL

— Eric Daugherty (@EricLDaugh) March 30, 2025

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Later that day, while speaking to reporters aboard Air Force One, Trump declined to confirm whether he plans to step down on January 20, 2029.

Trump is just toying with the media lol

“I have had more people ask me to have a 3rd term, which in a way is a 4th term because the 2020 election was totally rigged, so it’s actually sort of a 4th term. I just don’t want the credit for the 2nd because Biden was so bad.” pic.twitter.com/UtI0SMtHy8

— johnny maga (@_johnnymaga) March 31, 2025

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The U.S. Constitution’s 22nd Amendment, ratified in 1951 following Franklin D. Roosevelt’s four-term presidency, prohibits any individual from being elected to the office of president more than twice.

Some legal theorists argue that the language of the amendment could allow a former two-term president to return to office under specific circumstances, without technically being elected a third time.

One of the more widely cited hypotheticals comes from a 1999 law review article titled The Twice and Future President, written by legal scholar Bruce Peabody.

The article explores whether a former president could run for vice president and later ascend to the presidency.

For example, Trump could run in 2028 as vice president alongside a Republican candidate such as JD Vance. If elected, Vance could resign or be removed, which would result in Trump returning to the presidency.

New York University law professor emeritus Stephen Gillers said the scenario, while unlikely, is legally possible.

In an interview with NPR, Gillers said Trump could “make a deal” with a candidate like Vance to switch places on the ticket ahead of the election.

Alternatively, Gillers noted that Congress could approve Trump’s appointment as vice president after the election, offering another potential pathway.

“It is not implausible,” he said.

“Just the existence of the possibility … gives Trump power.”

Another option being pursued legislatively would involve amending the Constitution itself.

Rep. Andy Ogles (R-TN) has introduced a bill to modify the 22nd Amendment to allow a president to serve up to 12 years.

Ogles voiced his reasoning in a post on X Monday: “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.”

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

Despite growing interest among Trump supporters, constitutional scholars have expressed skepticism. Jeremy R. Paul, a constitutional law professor at Northeastern University, said the courts would likely reject any attempt by Trump to seek a third term.

“Under any reasonable interpretation of the 22nd Amendment, he can’t run again,” Paul said.

“The only way to do it is if he openly breaks the law.”

Paul pointed to the 12th Amendment, which states that “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President.”

According to Paul, even the suggestion that Trump could circumvent the 22nd Amendment through a vice presidential run is legally flawed.

“The meaning of the 22nd Amendment could not be clearer,” he added.

Brian Kalt, a law professor at Michigan State University, said the renewed interest in a third term highlights how term limit systems can be vulnerable.

“Everywhere there are term limits, there are vulnerabilities,” Kalt said.

“In a certain situation … people will jump all over any loophole they can.”

House Majority Leader Steve Scalise (R-LA) weighed in on Trump’s recent remarks, stating that they may be intended to stir public conversation.

“There’s a lot of things the president talks about … ultimately it gets people talking and addresses some other issues too,” Scalise said, referring to past proposals from Trump, including ideas like acquiring Greenland or the Panama Canal.

NEW: Majority Leader Steve Scalise tells @mzanona and me that Trump leaving the door open to a third term is designed to “get people talking” but there are NO plans to change the constitution. pic.twitter.com/B9bLLQIHW0

— Ryan Nobles (@ryanobles) March 31, 2025

Though legal and political barriers to a third term remain high, the discussion adds another layer of complexity to the 2028 election landscape—and underscores how Trump continues to shape the national political narrative, whether or not he seeks another term.

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