Can Donald Trump run for president in 2028? No. The Constitution stipulates that presidents may serve only two terms. Trump’s already done that.
But Trump keeps talking about it anyway. It was October 2025, and he was flying on Air Force One when a reporter asked about 2028. “Love it,” he said. “I’ve got my best numbers ever.
He’s selling the “Trump 2028” baseball caps for $50 a pop. Steve Bannon claims “there is a plan” to keep Trump in the White House past 2029.
So what’s actually going on?
The 22nd Amendment Says Two Terms Maximum
The 22nd Amendment reads: “No person shall be elected to the office of the President more than twice.”
Trump was elected in 2016 and again in 2024. He’s done. When did Donald Trump’s first term end? January 20, 2021. His second term will conclude on Jan. 20, 2029.
The amendment was passed by Congress in 1947 and ratified by the states in 1951 largely because of Franklin D. Roosevelt, who won four presidential elections and died in office as he began his fourth term in 1945.
Before that, there were no written term limits. George Washington set the precedent by stepping down after two terms. Most presidents followed that tradition until FDR broke it.
Can a President Serve 3 Terms if They Are Not Consecutive?
No. Some people think because Trump’s terms aren’t back-to-back that somehow changes things. Wrong.
The amendment says “elected more than twice” – not “elected twice consecutively”. Trump served 2017-2021 and is serving 2025-2029. Two elections. Maxed out.
The Vice President Loophole Doesn’t Work
Trump’s floated running as vice president with JD Vance at the top of the ticket. Then Vance could resign and Trump could become president again.
Can Trump run for vice president? No. The 12th Amendment reads, “No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.” Can’t be president? Can’t be vice president either.
Trump isn’t eligible to be president, so he’s not eligible to be vice president. Asked if he had the right to do so, Trump answered, “They say I can,” but added that “I would prefer not doing it because it’s too cute. I think people wouldn’t like that.” At least he’s saying it is a dumb loophole that wouldn’t work.
How Can a President Serve 10 Years Through Succession
If someone becomes president due to succession—say, if the vice president assumes the role because the elected president died or resigned—and has two years or less left in that term, they could still run for president twice themselves.
Let’s say a vice president assumes the presidency with 18 months remaining in the term. That’s less than two years, so they would be able to run twice in a row and potentially serve 10 years total.
But this doesn’t apply to Trump because he’s already been elected twice.
Can Trump Run as Vice President Through Appointment?
Some Trump supporters got creative. What happens if whoever wins as VP resigns and the new president then appoints Trump as VP?
The 25th Amendment provides that the president can nominate a vice president, who must be confirmed by both chambers of Congress. But the Presidential Succession Act states that to serve as acting president, a person must be “constitutionally eligible for the office.”
The 22nd Amendment renders Trump ineligible. So even if he did somehow get to be vice president by appointment and the president left, then he still couldn’t become president.
Every path hits the same wall.
Amending the Constitution Won’t Happen
Can Trump run again in 2028 if the Constitution is amended? Technically yes. Will it happen? Never.
So to change the Constitution, an amendment would need a two-thirds vote in both the House and Senate, then ratification by three-fourths of states — 38 out of 50.
Republicans have a majority of 219-213 in the House and 53-47 in the Senate. Not even close to two-thirds. They control 28 state legislatures. Need 38.
At which point Tennessee Rep. Andy Ogles introduced a resolution to extend presidential term limits to 12 years in early 2025. It went nowhere.
House Speaker Mike Johnson said in October 2025 he didn’t see a path to a third Trump term because “amending the Constitution takes a long time.”
How Many Years Does Trump Have as President Right Now?
Four years. His second term runs from January 20, 2025, through January 20, 2029. He already served four years from 2017 to 2021. That’s eight years total, which is the maximum allowed.
Could Trump Just Ignore the Constitution?
This is where some constitutional law professors get worried.
Gloria Browne-Marshall at John Jay College of Criminal Justice told NPR: “If you think about it, the 22nd Amendment assumes that one would follow the Constitution. But if one is not going to follow the Constitution, what difference does it make what’s written there?”
Trump could literally just run in 2028 and dare someone to stop him. Put his name on ballots and force court challenges.
Courts would almost certainly shut it down, but the process would be messy and destabilizing.
Rick Hasen, an election law expert at UCLA, said: “Is it possible that he could try to suspend elections, suspend the Constitution, and run for a third term? All of these things are possible, but that means we are no longer the American democracy that we’ve had.”
Why Does Trump Keep Bringing This Up?
Could be trolling. Trump loves messing with people. Selling “Trump 2028” hats and watching Democrats freak out is on-brand for him.
Could be staying relevant. The moment a president becomes a “lame duck”, he can’t run again as they lose power. By keeping the third-term idea alive, Trump maintains leverage through 2028.
Could be serious. Maybe he’s testing the waters to see how much resistance he’d face. Normalizing the idea so it doesn’t seem as crazy later.
Brendan Nyhan, a government professor at Dartmouth, told NPR: “It’s profoundly destabilizing to call into question something as blatant as the 22nd Amendment. We’ve seen again and again him joking about things that he means to encourage.”
What Happens in 2028?
The most likely scenario is Trump doesn’t run. He hands off to JD Vance or endorses someone else. The 2028 election happens normally.
Trump will be 82 at the end of his second term. He might not even want to keep going.
But he’ll probably keep teasing the idea until the last possible moment. Keeps him in headlines. Keeps his base energized. Drives Democrats crazy.
Bottom Line
Can Donald Trump run for president in 2028? Legally, no. The 22nd Amendment is crystal clear about two terms maximum.
There’s no real loophole. Running as vice president doesn’t work because the 12th Amendment blocks it. Getting appointed as vice president doesn’t work because the Presidential Succession Act blocks it.
The only way Trump serves past 2029 is if he openly breaks the law or somehow gets the Constitution amended, which would require impossible levels of political support he doesn’t have.
Most experts think Trump’s having fun with this. Selling merchandise. Trolling critics. Maintaining power.
But the fact that he keeps bringing it up should make people pay attention. When someone tells you what they want to do, believe them – even if they’re “joking”.
The 2028 election will happen. It just won’t include Donald Trump on the ballot unless something goes very wrong.
