Trump Third Term? He Could Use a Loophole to Serve Past ’29!

It’s noon on January 20, 2029. A bearded man steps up at the U.S. Capitol. He places his hand on the Bible and begins the oath of office. “I, James David Vance, do solemnly swear…” Seconds later, the new president smiles and shocks the world: “I resign.” The crowd erupts. Chants of “Trump, Trump, Trump” echo across the National Mall. Just like that, the Trump third term begins.

Trump Third Term: Path to Power Again?

This may sound like a wild conspiracy theory. After all, the 22nd Amendment clearly states that a president can’t be elected more than twice. But some legal experts say there’s a loophole—one that Trump could legally exploit. And it doesn’t require rewriting the Constitution.

Supporters say the move hinges on a single word in the amendment: “elected.” That one term might give Trump a legal backdoor to power through the vice presidency.

What the 22nd Amendment Really Says

The 22nd Amendment reads: “No person shall be elected to the office of the President more than twice.” It was passed in 1951 to prevent another four-term presidency like Franklin D. Roosevelt’s.

However, experts argue the wording matters. They claim the law only blocks Trump from being elected again—not from becoming president through succession.

That’s where JD Vance comes in.

The Vance Resignation Strategy

The plan would be simple. Trump runs in 2028 as Vance’s running mate. Vance wins, gets sworn in—and then resigns. As vice president, Trump would step in to take over.

If voters know the plan beforehand, experts say it could still pass legal scrutiny. Voters would go to the polls aware they’re electing Trump again—just not directly.

This tactic is already being discussed by Trump insiders and legal scholars. The idea has been simmering behind the scenes for years. Now it’s gaining serious attention.

Could It Actually Work?

Some say yes. Professor Bruce Peabody, who co-authored a legal analysis in 1999, believes it’s constitutionally sound. In his Minnesota Law Review article, he wrote that the amendment prevents re-election—not reassumption.

Peabody says it comes down to how courts interpret “elected.” Since Trump wouldn’t be elected president again, he wouldn’t technically violate the amendment.

The Supreme Court Could Decide

Opponents might sue to stop such a move. But with a conservative-majority Supreme Court, a textual reading of the Constitution could favor Trump.

Legal experts agree the court could focus strictly on the word “elected.” If the voters knew the plan and supported it, judges might be reluctant to overturn the result.

Peabody told the Daily Mail, “What seemed crazy a couple of decades ago now seems all too plausible.”

Not the First President to Consider It

Trump wouldn’t be the first to eye a third term. After the 22nd Amendment passed, President Eisenhower reportedly considered running as vice president. He later confirmed that the Justice Department saw no legal issue with it.

Other presidents, including Truman and Reagan, also criticized the two-term limit. Reagan even called the rule “ridiculous” and a barrier to democracy.

12th Amendment Obstacle? Maybe Not

Some argue the 12th Amendment could block Trump’s return. It says anyone ineligible for the presidency cannot be vice president. But critics say that only refers to constitutional eligibility—being a natural-born citizen and at least 35 years old.

Since Trump meets those qualifications, experts believe the 12th Amendment doesn’t apply here.

The Putin Playbook

This isn’t an entirely new idea. Vladimir Putin used a similar move in Russia. In 2008, when term-limited, he placed Dmitry Medvedev in the presidency. Putin served as prime minister but remained in control. In 2012, he returned to the presidency.

Could Trump follow the same path in the U.S.? Legally, it might be possible. Politically, it would be explosive.

Trump Still Needs the Votes

Regardless of legal theories, Trump would still need to win. The strategy only works if he and Vance get elected. That means Trump must maintain enough support to pull off a victory in 2028.

He also needs a running mate willing to step aside. JD Vance has not confirmed any such plan, but speculation is growing.

Trump Third Term: Democracy or Power Grab?

Supporters see the plan as legal and democratic. Voters would knowingly elect a team with Trump poised to return. But critics call it a power grab that violates the spirit of the Constitution.

Still, nothing in the 22nd Amendment directly stops it. And legal minds say the courts could side with Trump if voters go along.

As 2028 approaches, talk of a Trump third term is no longer a fringe idea. It’s now a real, if controversial, possibility—backed by law, planning, and raw political will.