Trump vs The 22nd Amendment: Why Re-election is Nearly Impossible
Published May 7, 2026 by Evan Wiley
How much of a threat really is President Donald Trump to the 22nd Amendment? Over the past 16 months Trump and his constituents have been seen hinting at running for a third term. For some background, the 22nd Amendment specifically enforces a two-term limit for presidents “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.” Trump’s first hint came just 5 days after taking office. At a Las Vegas rally on January 25, Trump remarked it would be an honor to serve "three times or four times" While often dismissed as a joke, this took place just two days after MAGA Congressman Andy Ogles proposed an amendment to change the 22nd Amendment to allow presidents to be elected to three terms if the first two terms were non-consecutive. The proposition was clearly targeted towards Trump as the same day he proposed the Amendment he stated “President Trump’s decisive leadership stands in stark contrast to the chaos, suffering, and economic decline Americans have endured over the past four years. He has proven himself to be the only figure in modern history capable of reversing our nation’s decay and restoring America to greatness, and he must be given the time necessary to accomplish that goal.” This idea was brought up again just two days later on January 27 while speaking to House Republicans, Trump questioned if he was truly barred from running again and teased, "Am I allowed to run again?" while discussing campaign funds. The list of incidents about Trump and the 22nd amendment don’t end here. The following is a list of quotes and incidents since February of 2025: "Should I run again? You tell me," prompting chants of "four more years!" - Trump on February 20, 2025 “I’m not joking” - Trump on March 30, 2025 When asked whether he wanted another term “Americans overwhelmingly approve and support President Trump and his America First policies” - White House Communications Director Steven Cheung on March 30, 2025 in response to Trump says he’s “not joking” about running for a third term Begins selling “Trump 2028” merchandise - Trump on April 24, 2025 “As a nominee to the Third Circuit, it would not be appropriate for me to address how this Amendment would apply in an abstract hypothetical scenario.” - Judicial nominee Emil Bove on July 11, 2025 when asked if the 22nd Amendment applies to Trump Posted a video with a sign that reads “TRUMP 4EVA” on Truth Social - Trump on October 19, 2025 “Trump is going to be president in ’28, and people just ought to get accommodated with that. At the appropriate time, we’ll lay out what the plan is. But there is a plan. ” - Former adviser Steve Bannon on October 23, 2025 “I would have to review the wording of it…” - Attorney John Marck when asked if Trump could run for a third term on April 29, 2026 "When I get out of office in, let's say, eight or nine years from now" - Trump on May 4, 2026 However, Trump’s rhetoric on the matter is often contradictory. Despite these frequent and ongoing teases, he has occasionally brought himself down to constitutional reality. On October 29, 2025, while traveling on Air Force One to a summit in Asia, Trump told reporters, “I would say that if you read it [the Constitution], it’s pretty clear, I’m not allowed to run. It’s too bad.” This thought process was echoed by House Speaker Mike Johnson, who confirmed he discussed the “constrictions of the Constitution” with the President, noting that while many supporters dislike the limit, Trump is aware of the legal barriers. These constant contradictions make it hard to create a clear assumption on whether Trump is seriously considering running for a third term or not. But it does appear Trump is very open to the idea of running for a third term and his supporters are all for it. But could Trump really run for a third term? The short answer is no. The only openly discussed plan was for Trump to run as a vice president and take over once elected. However, after his second term he would be barred from running for president because of the 22nd Amendment and he will be forbidden to run for vice president because of the 12th Amendment which states that “But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.” In fact, the Presidential Succession Act of 1947 forbids any constitutionally ineligible person to the office of the President to be eligible for any position in the line of succession to the president. The only plausible method for Trump to run for a third term would be to amend the Constitution which will almost certainly never happen, at least in the near future, based on the fact that the proposal made by Ogles never even received a vote in Congress and promptly stalled in the committee. While the rhetoric of a 'Trump 2028' campaign remains a powerful tool for party engagement, the constitutional guardrails remain a rigid, and likely unchanging, obstacle.
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