Donald J. Trump. Photo Source: Donald J. Trump (Facebook).

Govind Tekale

Trump’s 2028 Run: Legal Loopholes or Constitutional Limits?

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Donald Trump cannot legally run for president again in 2028. The 22nd Amendment of the Constitution sets a clear two-term limit for presidents. Having served two terms, Trump would reach this limit.

The amendment states: “No person shall be elected to the office of the President more than twice.” This rule applies whether the terms are consecutive or not.

However, legal experts point to some less conventional scenarios that have sparked discussion. Philip Klinkner from Hamilton College explains that while direct election is blocked, the Constitution doesn’t specifically prevent a former two-term president from holding presidential power through other means.

One possibility involves the vice presidency. The 12th Amendment’s language about vice presidential eligibility remains open to interpretation. It would need Supreme Court clarification on whether a term-limited president could serve as vice president.


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Another route involves the 25th Amendment, which allows temporary power transfers from president to vice president. This has already happened – Dick Cheney and Kamala Harris briefly held presidential powers during their presidents’ medical procedures.

Trump himself has mentioned serving beyond two terms, often framing such comments as jokes. During a meeting with congressional Republicans after his 2024 victory, he said: “I suspect I won’t be running again unless you say, ‘He’s so good we’ve got to figure something else out.'”

Trump would face both legal and practical hurdles. Any attempt to maintain power through alternative means would likely face strong constitutional challenges.

The situation draws parallels to other countries’ experiences with term limits. Russia’s Vladimir Putin found ways to maintain power despite constitutional restrictions, alternating between president and prime minister roles with Dmitry Medvedev.

These scenarios, while theoretically possible, would test America’s constitutional boundaries. The Supreme Court would likely play a crucial role in interpreting these constitutional questions if they ever arose.

This analysis shows that while outright election is constitutionally forbidden, the conversation about presidential term limits continues to evolve as former presidents and legal experts explore the boundaries of constitutional language.

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