Can Donald Trump run for president again in 2028? And even if there were a legal path, should he?

In this episode of Liberty & Reason’s Government 101, we break down the constitutional debate surrounding a possible third Trump term.

The 22nd Amendment says that no person may be elected president more than twice. Since Trump was elected in 2016 and again in 2024, a conventional third election would conflict with the amendment’s clear two-election limit.

But the wording creates some interesting constitutional questions. The amendment says “elected” rather than declaring that a twice-elected president can never serve again. Congress’s Constitution Annotated notes unresolved questions involving a former two-term president potentially returning through the vice presidency or presidential succession.

In This Episode:

• Why the original Constitution didn't impose presidential term limits

• George Washington's two-term tradition

• Franklin D. Roosevelt's four presidential victories

• Why the 22nd Amendment was adopted

• What the word “elected” actually means

• The proposed vice-president and Speaker succession theories

• How the 12th Amendment complicates those theories

• The case for and against allowing Trump to run again

• Whether voters should ultimately decide

• What would be required to change or repeal the 22nd Amendment

We also look beyond the legal arguments and discuss whether Republicans should move toward a new generation of leadership in 2028.

I share my own position: although I don't regret voting for Trump three times, I don't believe he should run again. His age, the constitutional two-term limit, electability concerns, and the need for new leadership all factor into my reasoning.

The Constitution can be changed, but Article V intentionally sets a high bar: amendments require broad national agreement, including ratification by three-fourths of the states.

Question for listeners: Should America keep the two-term presidential limit, expand it to three terms, or let voters elect a president as many times as they want?

Sources:

• U.S. Constitution — 22nd Amendment

• Constitution Annotated — 22nd Amendment & Presidential Term Limits

• U.S. Constitution — 12th Amendment

• Constitution Annotated — Article V Amendment Process

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