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The Unprecedented Constitutional Crisis: 5 Ways Donald Trump Could (Theoretically) Run For President In 2028

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The question of whether Donald Trump can run for President in 2028 is not a simple political forecast; it is a complex legal and constitutional riddle. As of late December 2025, the answer depends almost entirely on the outcome of the 2024 election and a series of highly controversial legal theories that challenge the foundational principles of the U.S. presidency. The clear-cut constitutional barrier is the 22nd Amendment, but a growing faction of Trump allies and some legal scholars are actively exploring potential loopholes that could ignite an unprecedented constitutional crisis.

The core of the debate centers on the concept of a "third term." If Donald Trump were to win the 2024 election, he would have been elected President twice. Under that scenario, the 22nd Amendment would prohibit him from being elected again in 2028. However, if he loses the 2024 election, he would only have one elected term under his belt, leaving him legally eligible to run in 2028. This article explores the legal reality and the theoretical pathways being debated for a potential 2028 run.

The Legal Reality: The 22nd Amendment and Term Limits

The fundamental obstacle to a Donald Trump 2028 presidential bid, assuming he wins and serves a full second term in 2024, is the Twenty-second Amendment to the U.S. Constitution.

What the 22nd Amendment Says

The amendment, ratified in 1951 following Franklin D. Roosevelt's four election victories, is clear in its intent to limit presidential service.

  • The Key Clause: "No person shall be elected to the office of the President more than twice..."
  • The Context: Since Donald Trump was elected in 2016, a victory in 2024 would mark his second election to the office. The plain language of the Constitution would therefore bar him from being elected in 2028.

Legal scholars across the political spectrum largely agree that the amendment’s language is unambiguous and would prevent a former two-term president from being on the ballot for a third time.

Five Theoretical Pathways to a 2028 Run (The "Loophole" Debate)

Despite the clear constitutional language, allies of Donald Trump have openly discussed and explored "loopholes" that could theoretically allow him to hold the office again in 2028, even after serving a second term.

1. The Vice Presidential Succession Strategy

This is arguably the most discussed and constitutionally ambiguous "loophole."

  • The Theory: The 22nd Amendment only prohibits a person from being elected President more than twice. It does not explicitly prohibit a former two-term President from being elected Vice President.
  • The Scenario: Trump runs and is elected as Vice President in 2028. If the President were to die, resign, or be removed from office (impeachment) at any point during the term, Trump would succeed to the Presidency, bypassing the election limit.
  • The Legal Flaw: While the 22nd Amendment doesn't explicitly mention the VP, the 12th Amendment requires the VP to be eligible for the Presidency. This scenario would lead to a massive legal challenge, forcing the Supreme Court to determine if the 22nd Amendment's spirit overrides the letter of the law regarding the VP office.

2. The "Non-Elected" Succession (Speaker of the House)

A more remote but constitutionally recognized path involves the Presidential Succession Act.

  • The Theory: A former two-term President is not barred from holding other federal offices. If Trump were elected Speaker of the House (the third in line for the Presidency) and both the President and Vice President were simultaneously incapacitated or removed, the Speaker would assume the Presidency.
  • The Barrier: This path is highly improbable, requiring a cascade of political and constitutional failures, but it is technically a non-elected route to the office, circumventing the 22nd Amendment's "elected" language.

3. A Full Repeal of the 22nd Amendment

The most direct, yet politically impossible, method would be to eliminate the constitutional barrier entirely.

  • The Process: A constitutional amendment can be repealed by passing a new amendment through a two-thirds vote in both the House and the Senate, followed by ratification by three-fourths (38) of the state legislatures.
  • The Reality: This process is extremely difficult and slow, requiring overwhelming bipartisan support that does not currently exist for the repeal of presidential term limits.

4. The "Challenging the Intent" Argument

Some constitutional theorists, including those who have consulted with Trump, have explored arguments that challenge the 22nd Amendment’s application itself.

  • The Theory: The argument suggests that the amendment's language is ambiguous or that its application to a modern political figure like Trump is a violation of some other, higher constitutional principle (e.g., the right of the people to choose their leader).
  • The Legal Consensus: Mainstream legal scholars vehemently dispute this, calling such arguments "implausible" and a direct attempt to defeat the clear intent of the amendment.

5. The Scenario Where Trump Loses in 2024

If Donald Trump does not win the 2024 election, the entire legal debate over the 22nd Amendment collapses, and the path to a 2028 run becomes purely political.

  • The Eligibility: Since he would have only been elected once (in 2016), he would be fully eligible to run for and be elected to a second, non-consecutive term in 2028.
  • The Challenge: The obstacle would then be political—navigating a likely crowded Republican primary field, which would include younger candidates like Ron DeSantis, Tim Scott, and others who would have been waiting for their chance in a post-Trump era.

The Political and Constitutional Entities Involved

The discussion around a potential Trump 2028 run involves numerous key political and constitutional entities whose interpretations and actions will shape the future of presidential term limits.

Key Constitutional Entities

  • The 22nd Amendment: The primary legal barrier to a third term.
  • The 12th Amendment: Governs the election of the President and Vice President, creating the conflict in the VP loophole.
  • The Presidential Succession Act: Defines the line of succession, which includes the Speaker of the House.
  • The Supreme Court of the United States: The ultimate arbiter that would rule on any constitutional challenge to the 22nd Amendment's application.

Key Political Figures and Analysts

  • Donald J. Trump: The central figure whose political actions and statements drive the entire debate.
  • Steve Bannon: A prominent ally who has openly advocated for an "unlawful third term," laying the ideological groundwork for a challenge.
  • Alan Dershowitz: The former Harvard Law professor who reportedly met with Trump to discuss constitutional hypotheticals regarding a third term.
  • Mike Johnson: The House Speaker who publicly batted down the possibility of a third term, citing the constitutional barrier.
  • Republican National Committee (RNC): The political body that would have to manage the primary process if Trump were to run in 2028 after a 2024 loss.
  • Constitutional Scholars: A broad group of experts who overwhelmingly dismiss the third-term loopholes as legally unsound.

The Final Verdict on 2028 Eligibility

The question of Donald Trump’s eligibility for the 2028 presidential election has two distinct answers, based on the outcome of the 2024 race:

Scenario A: Trump Wins the 2024 Election

If Donald Trump serves a second full term, he is legally barred from being elected President in 2028 by the 22nd Amendment. Any attempt to run would require a successful legal challenge to the amendment, a constitutional crisis over the VP loophole, or an unlikely constitutional repeal, all of which are considered highly improbable by the majority of constitutional experts.

Scenario B: Trump Loses the 2024 Election

If Donald Trump loses the 2024 election, he remains fully eligible to run for and be elected to a second, non-consecutive term in 2028, as he would have only been elected once before. The battle would then be political, not constitutional.

In short, while the constitutional language is clear, the political will of Donald Trump and his most ardent supporters to test the limits of the 22nd Amendment means the debate over a third term—and a potential constitutional crisis—will continue to dominate political discourse for the foreseeable future. The only certainty is that a 2028 bid, under any scenario, will be unprecedented.

can donald trump run for president in 2028
can donald trump run for president in 2028

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