Since his time as President, Donald Trump has often talked about serving more than two terms. However, the 22nd Amendment of the US Constitution clearly states that a president can only be elected twice. Despite this, some legal experts and politicians have discussed possible ways for Trump--or any former two-term president--to return to the White House.
Trump's Previous Statements on a Third Term
September 2020: Trump floated the idea of a third term at a rally, stating: “We’ll negotiate, right? Because we’re probably--based on the way we were treated--we are probably entitled to another four after that.”
January 2025: Shortly after Trump assumed office for his second term, Republican Andy Ogles from Tennessee introduced a House joint resolution aiming to amend the Constitution and allow Presidents to serve up to three terms. While the proposal gained media attention, it has not gained traction in Congress.
What the US Constitution Says About Presidential Terms
The 22nd Amendment, ratified in 1951, was introduced to prevent any individual from holding excessive power. It states: "No person shall be elected to the office of the President more than twice."
This amendment was passed after Franklin D Roosevelt defied tradition by being elected to four terms. Before this, US Presidents--starting with George Washington--had voluntarily stepped down after two terms, but there was no formal restriction.
According to Kimberly Wehle, a constitutional law professor at the University of Baltimore, the amendment was framed to prevent an indefinite hold on presidential power, ensuring no individual could become too dominant in American politics.
Could Trump Still Return to the White House?
While the 22nd Amendment prevents Trump from running for a third term in a traditional manner, some have theorised potential loopholes:
The Vice-Presidential Loophole
In 1999, legal scholars Bruce G. Peabody and Scott E. Gant proposed a way for a two-term president to return to office. They suggested that the former president could first be elected as Vice President. If the sitting president resigned or could no longer serve, the Vice President--Trump, in this case--would take over as president.
However, this idea has a major legal obstacle. The 12th Amendment states that anyone ineligible to be president cannot be Vice President.
Since this has never been tested, trying it would likely lead to serious legal challenges.
Repealing the 22nd Amendment
The most straightforward way for Trump--or any former two-term President--to serve again would be to repeal the 22nd Amendment. However, this process is extremely difficult and time-consuming. A proposed amendment must first be approved by two-thirds of both the House and the Senate.
It must then be ratified by three-fourths of state legislatures (38 states).
Since 1787, the US Constitution has been amended only 27 times, showing how rare it is for amendments to be successfully passed.
Legally, Trump cannot run for a third term due to the 22nd Amendment. While legal loopholes or constitutional amendments could theoretically allow a return to power, these options face major legal and political challenges. Unless a significant constitutional change occurs, Trump--or any former two-term president--will remain ineligible to run for the White House again.
For now, Trump’s political future remains uncertain, but discussions about presidential term limits and potential legal challenges will likely continue to be a topic of debate in American politics.
Read more: Trump Says He's Considering Ways To Serve A Third Term As President
