The possibility of a President of the United States attempting to extend their time in office beyond what the Constitution allows has historically been a democratic taboo.
However, in the era of Donald Trump, that taboo seems to be fading.
The Republican magnate, who previously governed from 2016 to 2020 and returned to the presidency in 2024 after a polarized electoral contest, has begun to explore the legal and political boundaries of a third presidency, something that the 22nd Amendment of the U.S. Constitution explicitly prohibits.
Trump, however, has made it clear that he does not adhere to precedents or conventions: he wants to run again in 2028, and for that, he is looking for "methods".
“I'm not joking,” he stated in an interview with journalist Kristen Welker from NBC News, when asked about the possibility of a third term.
In the same conversation, Trump enigmatically stated: “There are methods.”
And although he did not specify what they would be, he left the door open for a legal, institutional, and political debate that could challenge one of the fundamental norms of the democratic system in the United States.
The constitutional barrier: Amendment 22
Since 1951, the Constitution of the United States expressly prohibits a person from being elected president more than twice.
The 22nd Amendment, drafted after the long presidency of Franklin Delano Roosevelt, states that: "No person shall be elected to the office of President more than twice."
This provision was promoted as a safeguard against the concentration of power, following Roosevelt's governance for more than three consecutive terms, the only case in the country's history.
After his death in 1945, and amid fears that the presidency would turn into a concealed monarchical figure, Congress decided to establish a clear limit.
Since then, all presidents have adhered to this rule.
Even those with great popularity, such as Ronald Reagan or Barack Obama, did not seek ways to extend their stay in the White House. However, with Trump, the landscape has changed.
A third presidency through legal means?
Trump has suggested several times, in a tone that ranges between joking and warning, the idea of a third term.
At a rally in Nevada in January, he said: “It will be the greatest honor of my life to serve, not once, but twice or three times or four times,” although he subsequently implied that it was a joke.
One of the most controversial assertions comes from a 1999 article published in the Minnesota Law Review, in which Professor Bruce Peabody argued that the 22nd Amendment has been subject to a “widespread misunderstanding.”
According to him, the rule does not prohibit someone who has already been elected twice from accessing power again through other means, such as by succession from the vice presidency.
"The Twenty-Second Amendment only prohibits the re-election of a President who has already been elected twice", Peabody wrote.
This type of reading has been embraced by Trump allies, such as Steve Bannon, who declared in March on NewsNation: "I am a firm believer that President Trump will run and win again in 2028... We are working on that."
The JD Vance Theory: the Succession "Trick"
One of the strategies suggested by some advisors close to Trump is for a political ally - such as JD Vance - to run in the 2028 elections as a presidential candidate, with Trump as the vice-presidential figure or key advisor.
Once in office, that president would resign and Trump would assume the presidency, backed by the line of succession.
However, this idea faces clear constitutional obstacles, as Amendment 12 states that:
"None who are constitutionally ineligible for the office of President shall be eligible for the office of Vice President of the United States."
In other words, if Trump cannot be president because he has served two terms, he also cannot be vice president.
This barrier makes the plan for ascension from the vice presidency legally unviable.
The Support of Congress: Andy Ogles' Project
Despite constitutional obstacles, some lawmakers have attempted to pave the way for regulatory change.
Congressman Andy Ogles, a Republican from Tennessee, has introduced a bill to amend the 22nd Amendment.
His proposal would allow a former president with non-consecutive terms to serve a third term in office.
The proposed wording is clear:
"No person shall be elected to the office of president more than three times, nor shall they be elected to any additional term after having served two consecutive terms..."
The goal is one: to legally enable a third term for Trump.
Ogles justifies it straightforwardly: “Trump has proven to be the only figure in modern history capable of reversing the decline of our nation and restoring the greatness of the United States.”
Almost insurmountable legal obstacles
Amending the Constitution in the United States is an extremely complex process.
It requires the support of two-thirds of Congress (both in the House of Representatives and in the Senate) and ratification by 38 of the 50 states. In a deeply divided country, this scenario seems almost impossible.
In addition, several experts have warned about the democratic implications of these attempts.
For Michael Waldman, president of the Brennan Center at New York University: "It’s illegal. It has no chance. That’s all there is to say."
For her part, constitutional expert Kimberly Wehle stated to the New York Times that the 22nd Amendment "leaves no room for ambiguity."
And he added, "There was a concern to consolidate power masterfully."
From politics to authoritarian culture
Trump's insistence on exploring avenues for a third presidency recalls authoritarian practices of other global leaders.
Vladimir Putin, in Russia, navigated legal boundaries by alternating between the presidency and the position of prime minister, all while maintaining real control over power.
In China, Xi Jinping eliminated the term limits to become "president for life."
Both cases have been cited by Trump with admiration.
For Susan Glasser, a journalist at The New Yorker, Trump's strategy is clear: "Normalize the unthinkable and act accordingly."
A democratic experiment in tension
Trump's attempt to seek a third term represents a profound institutional challenge, a litmus test for the strength of American democracy.
Although the Constitution is clear in its language, legal shortcuts, manipulation of loopholes, and pressure on the judicial and legislative systems are part of a power strategy that has already shown its effects in 2020 and 2021.
What once seemed unthinkable is now on the table. And if Donald Trump has demonstrated anything, it is his ability to bend the norms, push the limits, and rewrite the rules of the game.
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