Trump launches “2028” hats and sparks outrage: Can he bend the Constitution and run for a third term?

The Trump Organization has added a new hat to its lineup of merchandise. A typical MAGA-style trucker hat with Trump 2028 written on the crown of the cap.

The move, which did not originate directly from the president’s political and campaign website, has sparked outrage, as any such claim for a third term would violate the US Constitution.

What does the US Constitution say about serving a third term?

The 22nd Amendment of the Constitution forbids any person from serving more than two terms as president, even if the terms are not served consecutively. The amendment was approved by Congress and ratified by the states in 1951, after President Franklin D. Roosevelt had been elected for four terms.

The decision to limit the terms also represented a nod to the country’s first president, George Washington, who walked away from his position after two terms, believing that it was necessary to preserve the fragile ‘democracy’ that the founders had established after declaring independence from King George of England.

Trump world sees path to a third term

Various figures in Donald Trump’s inner circle have suggested that there are ways he could circumvent the US Constitution to return to power. When pressed on these legal theories, those advocating this notion have been reluctant to provide many details. Former advisor and head of Breitbart, Steve Bannon, says that he is “working on five or six different alternatives” that would allow Trump to remain in the White House without amending the Constitution. Bannon said he was optimistic that “four or five” would work out and that on January 20, 2029, “Donald Trump would be president.”

The theory proposed for keeping the president in office without amending the Constitution is easily dismissed. It suggests that Donald Trump could be selected as the running mate of the leading candidate. If their ticket were to win in 2028, the presidential candidate—whether JD Vance or another Trump ally—would step aside, allowing Trump to reclaim the White House. However, just as there are eligibility criteria for presidential candidates, vice presidential candidates must also meet certain requirements. Specifically, the individual must be eligible to serve as president, which, after serving two terms, Trump would not be.

In recent weeks, the president has emphasized he is “not joking,” but also added that there “is a long time to go” before those discussions are needed. During his interview with TIME Magazine discussing his first 100 days in office, the president said that “there are some loopholes,” adding that he doesn’t “believe in loopholes” or “in using loopholes.”

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