WASHINGTON | Could Trump Legally Run for a Third Presidential Term?

Author: FFP Ai Bot

WASHINGTON – President Donald Trump told a rally crowd in Iowa this week that he thinks he has “the right to run again.” So could he legally seek a third term in 2028? Here is what the Constitution, legal scholars and Trump himself have said.

What the 22nd Amendment says

The 22nd Amendment begins: “No person shall be elected to the office of the President more than twice.” Congress passed it on March 21, 1947, and it was ratified on Feb. 27, 1951, according to the National Archives. It followed Franklin D. Roosevelt’s four election wins.

The limit applies to terms whether they are back to back or not. Trump was elected in 2016 and again in 2024, so under the plain text he cannot be elected president in 2028.

“Elected” versus “serve”

The amendment bars being elected a third time. It does not say a person can never serve as president again. Some have pointed to that wording to suggest a two-term president could be elected vice president and then take over if the president resigned.

A 1999 Minnesota Law Review article by Bruce Peabody and Scott Gant, “The Twice and Future President,” argued the amendment bars only further election, not succession. Other scholars disagree, pointing to the 12th Amendment, which says “no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President.” Many experts read that line to keep a twice-elected president off the ballot for vice president as well. No court has ever ruled on the question.

Trump has rejected that route for himself. Aboard Air Force One on Oct. 27, 2025, he said, “I’d be allowed to do that,” but added, “I think it’s too cute… it wouldn’t be right,” according to Reuters and The Guardian.

Changing the Constitution

Repealing or changing the 22nd Amendment would take a new amendment. That requires a two-thirds vote in both the House and Senate, or a convention called by two-thirds of the states, followed by ratification by three-fourths of the states, which is 38 of 50.

In January 2025, Rep. Andy Ogles, R-Tenn., introduced House Joint Resolution 29. It would let a person be elected up to three times, but not after winning two consecutive terms. Because Trump’s terms were not consecutive, it would allow him to run again. According to Congress.gov, the resolution was referred to the House Judiciary Committee on Jan. 23, 2025, and has seen no further action.

In late October 2025, House Speaker Mike Johnson said he had discussed the limits with Trump and said, “I don’t see the path for that,” PBS News reported.

What legal experts say

“There are many parts of the Constitution that are unclear,” UCLA election law professor Rick Hasen told NPR in October 2025. “But the 22nd Amendment is quite clear: no more than two terms.” Quinnipiac University law professor Wayne Unger told Reuters the limit has never been tested in court, but he predicted the Supreme Court would reject any challenge.

What Trump and his allies have said

In a March 30, 2025, phone interview with NBC News, Trump said he was “not joking” about a third term and that “there are methods which you could do it,” though it was “far too early to think about it.”

In October 2025, former White House adviser Steve Bannon told The Economist that Trump is “going to get a third term.” Days later, Trump told reporters, “If you read it, it’s pretty clear, I’m not allowed to run, it’s too bad,” Reuters reported. The Trump Organization has sold “Trump 2028” hats, and Trump has displayed them at the White House.

On Aug. 11, 2026, Trump told reporters at Joint Base Andrews, “I’d love to run, but the law is very strong,” Fox News reported.

At a rally in Sioux City, Iowa, on Thursday, Oct. 22, 2026, Trump said, “I think the law says I’m not allowed to run again,” and said he had “studied that phrase forever,” adding, “There’s not a lot of wiggle room.” He then repeated his claim that the 2020 election was stolen and said, “I think I have the right to run again, cause they cheated.” Courts and election officials rejected claims of widespread fraud in the 2020 election. NJ.com and The Guardian reported the remarks.

What to watch

• Whether H.J.Res. 29 or any similar proposal gets a committee hearing or vote. None has so far.
• Whether Trump or any 2028 campaign files to appear on a presidential or vice presidential ballot. That filing would likely bring the first court test of the 22nd Amendment.
• Trump’s own statements, which have swung between “I’m not allowed to run” and “I have the right to run again.”

Sources: National Archives, The Constitution: Amendments 11-27 (archives.gov); Constitution Annotated, Twenty-Second Amendment (constitution.congress.gov); Congress.gov, H.J.Res.29, 119th Congress; Peabody and Gant, “The Twice and Future President,” 83 Minnesota Law Review 565 (1999); NBC News (March 30, 2025); Reuters (Oct. 27 and Oct. 29, 2025); The Guardian (Oct. 27, 2025, and Oct. 23, 2026); NPR (Oct. 30, 2025); PBS News (October 2025); Fox News (Aug. 12, 2026); NJ.com (Oct. 23, 2026); Just Security.