Former President Donald Trump has begun selling caps promoting himself for the 2028 election, sparking speculation about a possible third term. However, under current U.S. law, he cannot be elected president again.
The 22nd Amendment to the U.S. Constitution, ratified in 1951, states clearly:
“No person shall be elected to the office of the President more than twice.“
This means no one—including Trump—can win election to the presidency more than two times.
Can He Serve Again Another Way?
Some legal scholars have debated whether a twice-elected president could return to office by succession rather than election. For example, Trump could hypothetically run for vice president and then become president if the sitting president vacates the office.
Cornell Law Professor Bill Jacobson and others argue that while the Constitution bars being elected a third time, it does not explicitly forbid serving as president again by ascending from the vice presidency. However, this idea is highly controversial. Many experts believe it would violate the spirit of the 22nd Amendment, which was intended to limit anyone from holding the office beyond two terms, regardless of how they got there.
Could the Constitution Be Amended?
In theory, Congress could amend the Constitution to allow a third presidential term. But that would require:
- A two-thirds vote in both the House and Senate, and
- Ratification by three-fourths of U.S. states.
Given today’s polarized political climate, such an amendment is extremely unlikely.
Bottom Line
Donald Trump can sell 2028 campaign merchandise—and stir political buzz—but under current U.S. law, he cannot be elected to a third presidential term.
Any attempt to serve again would face enormous constitutional, legal, and political barriers.
