President Donald Trump in the Oval Office on Wednesday, March 26, 2025 (Official White House photo)
President Donald Trump in the Oval Office on Wednesday, March 26, 2025 (Official White House photo)
President Donald Trump in the Oval Office on Wednesday, March 26, 2025 (Official White House photo)

A new report has confirmed there is a constitutional path for President Donald Trump to serve a third term.

The 22nd Amendment to the Constitution, adopted after the 16 years of Franklin D. Roosevelt’s reign in the White House, states a person cannot be elected a third time.

But Trump himself has been teasing the idea, recently telling NBC, “A lot of people want me to do it. I’m not joking.”

The report, at the Washington Examiner, notes that the issue is being debated by legal scholars, with leftists and Democrats rejecting the idea.

But others have noted, including in a 1999 law review article, that Trump could be Vice President JD Vance’s running mate in 2028, assuming that presidential bid develops, and then trade places. Or Trump could be appointed to the vice presidency through a resignation, then move up to the higher office through a resignation.

That article brought out the possible open door about whether the writers of that amendment wanted presidents unable to be “elected” a third time, or to “hold” office a third time, eventually suggesting the “elected” understanding is best.

The explanation is that Vance could resign, elevating Trump to the Oval Office again.

New York University law professor emeritus Stephen Gillers said during an interview that it is plausible but not likely.

He explained, “Just the existence of the possibility … gives Trump power.”

Further U.S. Rep. Andy Ogles, R-Tenn., has proposed legislation that would allow presidents to serve for 12 years, a move that would require a two-thirds vote in the Senate.

“If the man who created the disastrous ‘New Deal’ gets more than two terms, then the man who created the ‘Art of The Deal’ should get the same,” he said.

Jeremy R. Paul, a law professor at Northeastern University, claimed any “reasonable interpretation” of the 22nd Amendment would mean Trump cannot “run again.”

The report said, “Paul points to the 12th Amendment, which states that ‘no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President,’ as an additional barrier. Though some might argue that Trump is not ineligible to serve, only to be elected, Paul calls that a ‘ludicrous argument’ that would lead the courts into lawless territory.”

House Majority Leader Steve Scalise, R-La., said, “There’s a lot of things the president talks about … ultimately it gets people talking and addresses some other issues too,” Other controversial Trump topics have been takeovers of Greenland or the Panama Canal.

WND recently reported that Steve Bannon, former Trump aide and popular talk-show host, suggested Trump will run, and win.

“I’m a firm believer that President Trump will run and win again in 2028. So I’ve already endorsed President Trump,” Bannon told NewsNation anchor Chris Cuomo.

“A man like this comes along once every century, if we’re lucky. We’ve got him now, he’s on fire, and I’m a huge supporter, and I want to see him again in 2028.”

Bannon said at the time, “I think we’ll have a couple of alternatives, let’s say that. We’ll see what the definition of term limit is.”

“We’ve had greater long shots than Trump 2028,” Bannon said.

Steve Bannon: ‘Trump will run and win again in 2028’



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