Trump revives third-term talk as ‘2028 caps’
December 5, 2025
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Home International Edition America USA

US President Trump revives third term talk as ‘2028 caps’ and VP loophole theory fuel debate on POTUS limits

US President Donald Trump has reignited debate over presidential term limits after suggesting he would “love” to serve a third term. His remarks, coupled with the release of “Trump 2028” campaign merchandise, have sparked renewed scrutiny of constitutional restrictions and political motives

Vishnu AravindVishnu Aravind
Oct 28, 2025, 12:00 pm IST
in USA, World, International Edition
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Donald Trump has once again raised the possibility of serving a third term as President of the United States, saying that he would “love to do it” if possible. His remarks have reignited discussions about the constitutional two-term limit and the feasibility of a third term for any president.

Adding fuel to the speculation, the Trump Organisation has begun selling red caps emblazoned with “Trump 2028”, seemingly promoting a third presidential campaign. The caps, priced at $50, appeared on Trump’s official merchandise store earlier this year following the president’s repeated comments suggesting an interest in extending his time in office. Although the US Constitution clearly limits presidents to two terms, Trump has continued to entertain the idea publicly, while insisting he is “not joking” about it. Some of his supporters and former aides have even hinted at legal loopholes that could make a third term possible.

Trump’s comments on a third term

The latest remarks came on October 27, during Trump’s trip to Asia, when reporters asked him about the possibility of running for a third term. Responding to the question, Trump said he had not given it much thought but pointed out that he currently enjoys “the best poll numbers” of his career.The question followed comments made by former White House strategist Steve Bannon, who recently claimed that there was a “plan” to secure Trump a third term in office.

Earlier this year, in an interview with NBC, Trump had said that “there are methods” by which a third term could be achieved. He explained that many people had urged him to consider the idea but added that it was still “very early in the administration” to discuss it seriously. Asked whether he would want to continue serving in what is widely regarded as the most demanding job in the country, Trump replied that he enjoys working and would not shy away from the challenge. In previous rallies, Trump had made similar remarks, once declaring that it would be “the greatest honour of my life to serve not once, but twice or three times or four times.” He later described those comments as a joke aimed at what he called the “fake news media.”

President Trump on Monday confirmed he’d love to run for a third term. He said, “I would love to do it,” and if he didn’t the Republican Party has great people like JD Vance and Marco Rubio.

Trump then mocks Democrats for having only low IQ people like AOC and Jasmine Crockett. pic.twitter.com/xJE7b0uUGk

— Paul A. Szypula 🇺🇸 (@Bubblebathgirl) October 27, 2025

In April, the “Trump 2028” cap was officially released on his online merchandise platform, featuring his son Eric Trump wearing it alongside the tagline “The future looks bright!” The product quickly drew national attention and renewed debate over whether Trump’s team was hinting at a political strategy for the post-2028 period.

What the US constitution says

The US Constitution, however, appears unambiguous on the issue. The 22nd Amendment explicitly states that “no person shall be elected to the office of the president more than twice.” It also limits anyone who has served as president for more than two years of another person’s term to a single subsequent election. To amend this constitutional restriction, a proposed change would need to be passed by a two-thirds majority in both the Senate and the House of Representatives, and subsequently ratified by three-quarters of state legislatures.

Also Read: Nine Years of Ujjwala Yojana: Transforming women’s lives, advancing clean energy and driving rural transformation

While the Republican Party currently holds majorities in both houses of Congress, those numbers fall short of the two-thirds threshold needed for such a change. Furthermore, the Democratic Party controls 18 of the 50 state legislatures, making any amendment to allow a third term highly unlikely in the near future.

Theories about a possible loophole

Despite these constitutional barriers, some Trump supporters have circulated the idea that a loophole could enable him to return to the White House for a third term. Their argument hinges on the wording of the 22nd Amendment, which prohibits a person from being “elected” president more than twice, but does not explicitly prevent succession to the presidency. According to this theory, Trump could run as a vice-presidential candidate alongside a trusted ally, potentially his current vice president, JD Vance, in the 2028 election. If the ticket were to win, the newly elected president could then resign shortly after taking office, allowing Trump to assume the presidency through succession rather than election.

Steve Bannon, a prominent Trump ally and former White House adviser, told the media that “Trump is going to be president in 2028, and people ought to get accommodated with that.” Bannon added that the details of such a plan would be revealed “at the appropriate time.” However, Trump himself appeared to dismiss the idea as impractical. When asked about the theory, he said that it “wouldn’t be right” and that the public “wouldn’t like that,” although he notably left the door open by saying he had not ruled out the possibility of serving again.

Opposition to a third term

Trump’s comments have been met with sharp criticism from Democrats, who see his remarks as part of a broader challenge to constitutional norms. Representative Daniel Goldman of New York, who served as lead counsel during Trump’s first impeachment trial, said that the idea represented “yet another escalation in his clear effort to take over the government and dismantle our democracy.”

Goldman urged congressional Republicans to publicly oppose any such move, warning that failing to do so would indicate disregard for the Constitution itself. Opposition also exists within Trump’s own party. Republican Senator Markwayne Mullin of Oklahoma said earlier this year that he would not support any attempt to alter the Constitution to permit a third term. Speaking to NBC, Mullin said he would only back such a change if it were approved directly by the American people through the constitutional amendment process.

Similarly, Republican Congressman Tom Cole described the notion of a third Trump presidency as “too fanciful to really discuss seriously,” emphasising that the two-term limit is a long-standing safeguard of American democracy.

Legal experts reject the loophole

Legal scholars have widely dismissed the idea that Trump could return to the presidency through succession. Derek Muller, an election law professor at the University of Notre Dame, explained that the 12th Amendment bars anyone ineligible to hold the presidency from being elected vice president. In his view, this means that a former president who has already served two terms cannot run as a vice-presidential candidate. Muller added that there is “no one weird trick” that could legally bypass the two-term limit established by the Constitution.

Jeremy Paul, a constitutional law professor at Northeastern University in Boston, expressed a similar view. He told CBS News that there are “no credible legal arguments” to support the idea of a third term, either through election or succession.

Historical precedent

The only US president to serve more than two terms was Franklin Delano Roosevelt, who was elected four times during a period marked by the Great Depression and the Second World War. Roosevelt’s presidency lasted from 1933 until his death in 1945, just months into his fourth term. At that time, the two-term limit was not enshrined in law but existed as an unwritten tradition established by George Washington, who voluntarily declined a third term in 1796.

Roosevelt’s long tenure eventually prompted lawmakers to formalise the two-term restriction through the 22nd Amendment, ratified in 1951. Since then, no US president has served more than two terms, and the amendment has remained one of the most firmly upheld provisions in the Constitution.

Topics: Donald TrumpUS politicsUS PresidencyPresidential Term LimitsSteve BannonConstitutional LawTrump 2028Third Term Debate
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