Why Trump can't run for a third term as he debuts 'Trump 2028' cap

Donald Trump has once again teased that he's going to run for a third term in office, and even insisted that it'll be 'better' that his current run.

The president has been flip-flopping about running or a third term ever since his return to office.

In August last year when asked if he'd run again, Trump replied with 'probably not', but just a few months later he ruffled people's feathers by sharing a photograph of himself on social media sat in the Oval Office with a 'Trump 2028' cap on his desk.

Now the president has debuted the cap in public at the White House Correspondents' Dinner that took place on July 24, having been rescheduled from it's original date in April.

Speaking to journalists on Friday evening, Trump teased: "Just like my presidency, the second time is always better. And the third time is better yet."

The president sported a 'Trump 2028' hat at the White House Correspondents' Dinner on Friday (Eric Lee/Getty Images)

But in the same breath he said that he was 'only kidding'.

Next thing you know Trump was mentioning a fourth term in office, having seemingly forgot that he's yet to achieve a third.

"I'm pleased to announce my intention to, and this is somewhat of a scoop, my intention to run for a fourth term as president of the United States," he said, as per Sky News.

Basically, it's unclear if the president may (or may not) have genuine intentions to try and run again, but the truth of the matter is: he can't.

Why Trump can't run for a third term

Despite what his cap says, Trump cannot run for a third term (Mandel NGAN / AFP via Getty Images)

As per the American constitution, there is a two-term limit on presidency.

The 22nd Amendment states: "No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than once."

It adds: "But this Article shall not apply to any person holding the office of President when this Article was proposed by the Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term."

This basically means that no one who has served more than two years of someone else's presidential term can be elected more than once. For example, if JD Vance now stepped into Trump's shoes for whatever reason, he would only be able to run for president once more as there's more than two years left of Trump's current term (908 days left, to be precise).

This law came into force in 1951 after Franklin D. Roosevelt was election four times in a row.

Possible ways around it

Some have suggested that the constitution be changed to benefit Trump (Anna Moneymaker/Getty Images)

There are some ways that the president might try work his way around the 22nd Amendment, but his chances of doing so are pretty slim.

One way would be to actually change decades-old amendment, as suggested by Representative Andy Ogles.

Ogles brought in a proposal in January 2025 that said the constitution should read: "No person shall be elected to the office of the President more than three times, nor be elected to any additional term after being elected to two consecutive terms, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than twice."

Others have suggested that Trump could remain in office after his second term ends by becoming Vice President. However, the 12th Amendment states that a former president who has served twice cannot be a VP.

A one-term former president such as Joe Biden, however, is legally eligible to serve.