The possibility of former U.S. President Donald J. Trump seeking public office beyond the 2024 election has become a topic of increasing discussion. Statements made by Trump allies and public comments by the former president himself have prompted questions about what is legally possible under the U.S. Constitution, particularly regarding presidential term limits.
In this article, we break down what is constitutionally allowed, what has been said publicly, and what legal experts confirm regarding any potential attempt to return for a third term. All information is based on reputable sources, including the U.S. Constitution, major media outlets, and expert legal commentary.
The 22nd Amendment: Presidential Term Limits
The 22nd Amendment to the United States Constitution, ratified in 1951, clearly limits a U.S. president to two terms in office. It states:
“No person shall be elected to the office of the President more than twice…”
— United States Constitution, Amendment XXII
This amendment was enacted after Franklin D. Roosevelt was elected four times, serving from 1933 until his death in 1945. Since its ratification, no U.S. president has served more than two terms.
Source: National Archives – 22nd Amendment
Donald Trump’s 2024 Presidential Campaign
Donald Trump officially launched his 2024 presidential campaign on November 15, 2022, during a televised speech at Mar-a-Lago, Florida. His candidacy marks the third time he is running for the White House, after winning in 2016 and losing to President Joe Biden in 2020.
As of May 2025, Trump remains one of the leading Republican candidates. He has participated in campaign rallies, policy speeches, and legal proceedings that have kept him in the public eye.
Source: Federal Election Commission – Candidate Filings
Steve Bannon’s Controversial Remarks
The renewed speculation surrounding a possible “Trump 2028” campaign began when Steve Bannon, former White House Chief Strategist and current political commentator, made comments suggesting Trump could return to power beyond two terms.
During an appearance on the Apocalypse Now? podcast, Bannon claimed Trump would be “signing executive orders” in the White House on January 20, 2029. He followed this with another interview on NewsNation, stating that “many different alternatives” are being considered to ensure Trump remains a dominant force in U.S. politics.
While Bannon did not outline specific legal methods, his remarks have generated public debate and concern about constitutional integrity.
Source: NewsNation Interview – Steve Bannon Comments
Legal Expert Opinions on a “Third Term”
Legal scholars are largely unified in their interpretation of the 22nd Amendment: a third elected term is unconstitutional. While various theoretical scenarios have been floated in media discussions, experts have confirmed that none are viable without major legal and political changes.
1. Running as Vice President
Some have speculated that Trump could run as a vice-presidential candidate under another Republican nominee. However, many constitutional scholars argue that this would violate both the 22nd and 12th Amendments.
“The 12th Amendment prevents the election of a vice president who is ineligible to become president,” notes Professor Michael Gerhardt, a constitutional law expert at the University of North Carolina.
Source: Legal Analysis – University of North Carolina Law Review
2. Presidential Succession After Appointment
Another hypothetical involves Trump being appointed vice president and later assuming the presidency through succession. But this would also likely be unconstitutional. The spirit and text of the 22nd Amendment were designed to prevent any individual from serving more than two terms, whether by election or succession.
Source: Cornell Law School – Legal Information Institute
3. Constitutional Amendment
The only legitimate way to allow a third term would be to amend the Constitution, a process that requires a two-thirds vote in both the House and Senate, plus ratification by three-fourths of the states—a highly unlikely outcome given current political divisions.
Source: U.S. National Archives – Constitutional Amendment Process
Trump’s Own Statements on a Third Term
In past interviews, Trump has made ambiguous remarks about a potential third term. For instance, during a 2020 campaign rally, he joked about “serving four or five terms,” framing it as a response to media scrutiny. He later clarified that these comments were made in jest.
In a 2024 TIME Magazine interview, Trump acknowledged public curiosity about loopholes in the Constitution but stated:
“I don’t believe in using loopholes.”
He added that he was focused entirely on winning the 2024 election and had no formal plans beyond that.
Source: TIME Magazine – Trump Interview 2024
“Trump 2028” Merchandise and Public Speculation
Following Bannon’s remarks, unofficial “Trump 2028” merchandise has appeared online. These items are not affiliated with the official Trump campaign or the Republican National Committee (RNC). Political merchandise is often used by third-party sellers to capitalize on trending discussions and public sentiment but should not be interpreted as a formal campaign indication.
Source: Federal Election Commission – Campaign Merchandising Rules
Conclusion: Can Trump Serve a Third Term?
Legally speaking, no individual can be elected president more than twice under current U.S. constitutional law. While political allies like Steve Bannon may float speculative or provocative theories, such scenarios lack legal standing unless the Constitution is amended.
Donald Trump is eligible to run in 2024 and, if successful, would complete his second and final term. Any claims about a possible 2028 campaign are currently unfounded and not recognized by law.
As discussions about constitutional limits continue to arise in political discourse, it is important to separate legally verified facts from opinion-based speculation. The U.S. Constitution remains the definitive authority on presidential eligibility.
Sources
- National Archives – 22nd Amendment
- Federal Election Commission – Candidate Filings
- Cornell Law – 22nd Amendment Overview
- TIME Magazine – Trump Interview 2024
- NewsNation – Bannon Interview
- U.S. National Archives – Constitutional Amendment Process
