Will he, won’t he or can he? Donald Trump’s third term ‘plan’ will have to get past 22nd amendment

Trump, who first served as president from 2017 to 2021, began his second term in January.

United States President Donald Trump has ruled out running for vice president in the 2028 election but said he “would love” to serve a third term in office.

When asked if he would run as vice president in 2028, Trump said: "I'd be allowed to do that." However, he soon soon followed it up with: "I wouldn't do that. I think it's too cute. Yeah, I would rule that out because it's too cute. I think the people wouldn't like that. It's too cute. It's not - it wouldn't be right."

Trump, who first served as president from 2017 to 2021, began his second term in January. Last week, former Trump strategist Steve Bannon told BBC that a "plan" was in place to secure the 79-year-old president another term.

Trump claimed to have the “best numbers”, repeated his “solved eight wars” claim, and asserted that he would happily seek another term.

What does the Constitution say?

The 22nd Amendment to the US Constitution, ratified on February 27, 1951, limits US Presidents to two elected terms.

If someone has served as President for more than two years of another’s term (for example, a Vice President who became President due to the President’s death or resignation), they can only be elected once. Thus, effectively, the maximum US Presidential tenure can be 10 years (two years as a successor plus two full terms). For Trump, elected in 2016 and 2024, the 22nd Amendment unequivocally bars a third term.

However, Franklin D Roosevelt, a Democrat, was elected to a third term and died a few months into his fourth term in 1945. It was in 1951 that the 22nd Amendment was ratified to legalise the two-term limit.

However, Trump reportedly has planned ways to circumvent it.

According to reports, he has proposed that JD Vance runs for President in 2028 with Trump as Vice President (VP). If elected, Vance would resign, allowing Trump to assume the Presidency.

But the  12th Amendment says, “No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.”

Leaders have skilfully extended their rule by reshaping constitutional limits. For instance,  Putin, after two terms as Russia’s President (2000-2008), hit the ‘consecutive’ two-term limit under Article 81(3) of the 1993 Constitution. He then became Prime Minister (2008–2012) as his ally Dmitry Medvedev took the Presidency. Returning as President in 2012 and 2018, Putin reset his term count, potentially holding power until 2036.

Similarly, China’s Xi Jinping eliminated the two-term cap in 2018. This change allowed  Xi to rule indefinitely, cementing his hold over the party and the state.