Despite him not yet eclipsing his first one hundred days back in office, the media and congressional Democrats are in a frenzy about whether President Trump intends to seek a third presidential term in 2028. Trump has said he is focused on these next four years, and that it is “far too early” to even consider such a possibility. However, he was reluctant to rule it out entirely, making the potential for a third Trump term worth exploring.
In a literal sense, there are multiple ways Trump would be eligible for a third term. The 22nd Amendment could be repealed in favor of a new amendment that would allow presidents to seek a third term. This would have to be proposed by two-thirds of both the House and Senate before being ratified by three-quarters (38/50) of U.S. state legislatures. In other words, given today’s roughly 50-50 party split at both the state and federal levels, this path is virtually impossible. There is also the theory that was floated during the midterms that Trump could serve as Speaker of the House and ascend to the presidency via line of succession through the removal of the President and Vice President by impeachment. Again, given the roughly 50-50 party split, this method has no chance of being attempted, let alone occurring. However, the line of succession wavelength is not too far off, as there is one path that currently appears as though Trump could constitutionally serve a third term.
The most viable scenario where Trump begins a third term as President on January 20th, 2029, at noon would involve him running as the Vice Presidential nominee on the Republican ticket (most likely with presidential nominee JD Vance in this scenario). On inauguration day, Vice President-elect Trump would take the Vice Presidential oath of office just before the presidential oath is scheduled to be administered, as is standard procedure. However, in this scenario, Vance would not attend/take the oath, meaning Trump would automatically become the President of the United States by line of succession to fill the vacant seat of the president.
The constitutionality of this venture hinges on the 12th and 22nd Amendments, which cover the presidential line of succession and presidential term limits, respectively. Mainstream media has inaccurately parroted a specific talking point that “the constitution limits a president to serve two terms.” When reading Constitutional Amendments literally as the Founders intended, you will find that is not the case.
The 22nd Amendment states:
“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 some other person was elected President shall be elected to the office of the President more than once.”
The key term in this amendment is “elected.” In this Vance-Trump 2028 ticket scenario, Trump would not be elected president, but rather vice president. He would ascend to the role via line of succession, which is not considered an election.
As for the 12th Amendment, it reads:
“But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”
Trump is ineligible to be elected president but is not explicitly ineligible to serve as president beyond two terms at this time. This means he is not “constitutionally ineligible to the office of President,” as many mistakenly believe the 22nd Amendment suggests. Consequently, this means the 12th Amendment does not disqualify him either.
One other angle resisters could attempt would target the Vice Presidential oath of office. While most view it as ceremonious, all elected officials are legally bound to the oath they swear. The Vice Presidential oath of office reads as follows:
“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.”
The “no purpose of evasion” portion at first appears as an obstacle, but it in fact is not.
The responsibilities of any given Vice President are handed down by the sitting president since the duties of the Vice President are ironically unspecified. One of the few, if not the only, specified roles of the Vice President is their duty to assume the presidency in the event of a death, resignation, or other method of removal of the sitting president. Trump would not be “evading” his Vice Presidential duties by knowingly ascending to the presidency but rather fulfilling it if this were to occur.
If Trump attempts this, it would undoubtedly work its way through the courts, where clarity would be delivered prior to the 2028 election, but that doesn’t mean it would lead to a Trump disqualification, as many may expect. In court, the onus would be on opponents to a third term to prove Trump’s ineligibility rather than Trump to prove his eligibility since, as presently constructed, the Constitution does not explicitly prohibit a third term, only a third election.
There is a double-edged sword element to this as well for Trump and Republicans to consider should they pursue this. Unlike Congressman Andy Ogles’ amendment proposal to only allow presidents who served a non-consecutive term to seek a third, this path would open the door to all former two-term presidents to do the same. While Bill Clinton and George W. Bush clearly do not possess the desire (or popularity) to attempt this, the same can’t be so confidently said about Barack Obama (regarding the desire, that is).
Obama has remained heavily involved in Democrat policy behind the scenes since leaving office in January 2017. And, given the never-ending Democrat attempts to convince Michelle Obama to run for the presidency, sending Barack back to 1600 Pennsylvania Avenue in the process should she prevail, this loophole would open the door even wider to that possibility. Even President Trump addressed the possibility of an Obama backdoor run, though he stated he would “love” to run against him in a battle for a historic third term.
Setting aside all the media and Democrat hysteria, this hypothetical scenario remains highly unlikely to occur. This is not something Trump proposed but rather something he was asked to address. He may ultimately contemplate whether it can be done or not, but that is a far cry from him ultimately pursuing it. What’s most likely is that he is fully focusing on the present while characteristically trolling the leftist media as he has so masterfully done for ages.
Trump’s reaction, specifically his emphasis on “not joking” when asked if he believes there are ways for him to serve another term, makes this worth considering. If this term is so successful that the American people appear willing to elect a president to a historic and usually unpopular third term, it would mean we as a nation are in tremendous shape. In the meantime, the focus should be solely on the Golden Age of America that is unfolding thanks to the actions taken by President Trump and how to continue furthering his MAGA agenda that will lead to American success even after he leaves office, whether that is in 2029, 2033, or beyond.
Matt Kane is a writer whose work has been posted by President Trump and published by Real Clear Politics, The Gateway Pundit, Human Events, American Thinker, The American Mind, RSBN, and AMAC. Follow on X/Twitter: @MattKaneUSA, Truth Social: @MattKane
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