The Shocking Loophole That Could Propel Donald Trump to an Unprecedented Third Presidential Term
So, here’s the million-dollar question: Can Donald Trump really waltz into a third presidential term, even if the Constitution gives him the cold shoulder? The 79-year-old Republican who rocked the White House as the 45th President from 2017 to 2021, and then popped back in this year as the 47th, seems to have a few legal—or let’s say “creative”—routes up his sleeve. After all, the guy’s no stranger to breaking molds (and records)—he made history as the first American president convicted of a felony in 2024, for falsifying business records, no less, though he somehow skated without jail time, fines, or probation. Now, with assassination attempts and a chorus of supporters urging him to run again, Trump isn’t totally shutting the door on that third act. But here’s the kicker—could he bend the rules, dodge the 22nd Amendment, and serve without being elected? Spoiler: The US Constitution has some quirky loopholes that might just make this political déjà vu a tad trickier… or sneakier—depending on how you look at it. Curious about what “methods” he hinted at and what political weirdness could lie ahead? LEARN MORE.
Donald Trump potentially has a couple options for seeking an unconstitutional third term as the President of the United States.
The Republican, 79, served as the 45th President from 2017 to 2021, and has returned to the White House this year as the 47th US President.
Prior to his return to office, Trump was found guilty in May 2024 of falsifying business records related to ‘hush-money’ payments ahead of the 2016 election. It made him the first American president, former or sitting, to be convicted of a felony.
He was sentenced to an ‘unconditional discharge’ in January 2025 and didn’t receive any prison time, fines, or probation.
As well as facing two documented assassination attempts during his 2024 campaign, it seems Trump hasn’t completely ruled out a third term.
“A lot of people want me to do it,” Trump told NBC News back in March.
Trump might run again for a third term (Andrew Harnik/Getty Images)
“But, I mean, I basically tell them we have a long way to go, you know, it’s very early in the administration.”
When asked if he would be willing to return, he said: “I like working. I’m not joking.
“But I’m not — it is far too early to think about it.”
However, he admitted that ‘there are methods which you could do it’.
Tweaking the 22nd Amendment of the United States Constitution
There are ways Trump can get around the Constitution (Kent Nishimura/Getty Images)
As explained by Cornerstone Law Firm, the 22nd Amendment limits a US president to being elected only twice – but it doesn’t completely ban someone from serving again.
That’s because there are other ways to become president besides being elected.
The 22nd Amendment only stops someone from being elected president again – not from serving – which leaves a legal loophole.
The House of Representatives chooses a president
Trump supporters think he is ‘going to get a third term’ (Celal Gunes/Anadolu via Getty Images)
A second way to become president – besides being elected – is to be chosen by the House of Representatives. This happens only if no candidate wins a majority of the Electoral College votes.
The 12th Amendment gives the House this power to ‘choose’ the President, while the 20th Amendment explains what happens if no one is chosen in time or if the chosen or elected president dies before taking office.
In that case, the vice president-elect temporarily becomes president until the situation is resolved.
The vice president ‘becomes’ president
The third way to become president is through the line of succession. If the president dies, resigns, or is removed from office, the vice president automatically becomes President.
This rule was officially written into law by the 25th Amendment, which states that when a president can’t serve, the vice president fully becomes the new president.
Steve Bannon says Trump is going to ‘get a third term’
Steve Bannon, Trump’s Chief Strategist during his first presidential tenure, thinks the he is ‘going to get a third term’.
He told The Economist: “Trump is gonna be president in ’28, and people just sort of [need to] get accommodated with that.
“There’s many different alternatives. At the appropriate time, we’ll lay out what the plan is, but there’s a plan.”
Meanwhile, Kamala Harris says she might run for president again, despite losing out to Trump in 2024.
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