Trump’s Seemingly Harmless 2028 Election ‘Joke’ Has Legal Experts Sounding The Alarm For A Very Specific Reason

President Donald Trump is once again turning the 22nd Amendment ― which forbids any person from being elected to the office of the president more than twice ― into a punch line.

Trump's latest riff on a third presidential term came over the weekend at the rescheduled White House Correspondents' Dinner, where he told a room full of journalists and politicos, "I'm going to do it again" before donning a red "Trump 2028" MAGA hat that's sold on his campaign merchandise site. (The other part of the joke was that he's doing it as a favor to the press, because he's good for ratings.)

Life: What Is 'Narcissistic Collapse'? Experts See Familiar Hallmarks In Trump's Rants

The jokes didn't stop there, though. On Sunday night, Trump shared seven AI-generated images on Truth Social alluding to his launching another presidential campaign. And at an event in Michigan, he again floated the prospect of four more years in office.

"I'm a little bit upset, because in 2.5 years you may have a different president — may," he told the crowd.

Legal and political science scholars say a third Trump term would represent an unprecedented violation of the Constitution and remains highly unlikely. Even so, they say, it's dangerous to dismiss these remarks as only jokes.

"Constitutional limits shouldn't be treated as a punch line," said Anoo D. Vyas, an assistant professor of law at the University of Massachusetts School of Law. "The rule of law depends on elected officials and the public taking these limits seriously."

"If the joke is really a secret way to test the waters on how much a legally dubious theory can fly, then yes, there's absolutely danger there," Vyas said.

Trump has discussed an unconstitutional third term at least 15 times in the past few years, not always jokingly. Though the 22nd Amendment of the Constitution explicitly states that "no person shall be elected to the office of the President more than twice," Trump has suggested possible workarounds. (So has Trump adviser Steve Bannon: "Trump is going to be president in '28," the podcaster and former White House aide told The Economist. "At the appropriate time, we'll lay out what the plan is.")

Life: 27 American Habits People From Other Countries Say Are 'Really Unhinged'

Asked directly if he was serious about his third term ambitions during an interview with NBC News' Kristen Welker in May 2025, Trump said he was "not joking" and that he believed "there are methods which you could do it," including a scenario in which Vice President JD Vance ran at the top of the 2028 ticket with Trump as his running mate, only for Vance to resign and Trump to assume office after the election.

Is there a "loophole" that Trump could use as a pathway back to the presidency?

Such a "loophole" doesn't exist, according to James Sample, a professor of constitutional law at the Maurice A. Deane School of Law at Hofstra University in Hempstead, New York. Re-reading the 22nd Amendment alongside the 12th Amendment makes that quite clear, he told HuffPost. 

"Many provisions of the Constitution are open-textured and require degrees of interpretation," he said, "Think 'unreasonable search and seizure' or 'cruel and unusual' punishment or 'equal protection' of the law."

The prohibition on third presidential terms, on the other hand, "is clear and unequivocal," Sample said. "The first sentence of Section 1 of the 22nd Amendment is as straightforward as can be: 'no person shall be elected to the office of president more than twice.'"

Politics: 'I'd Like To Do That': Trump Can't Stop With This Unconstitutional Obsession

In spite of the vice president "loophole" talk, Sample said the 12th Amendment is also clear: "No person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."

"Trump believes the Constitution exists to serve him; when in reality, the reverse is true," Sample said. "He cannot serve a third term. He will not serve a third term." 

Like this article? Keep independent journalism alive. Support HuffPost.

Experts have theories on why Trump may be so obsessed with a third term.

Bruce Peabody, a professor of government and law at Fairleigh Dickinson University in Madison, New Jersey, noticed that Trump seemed to have cooled off on the idea of a third term before the more recent "jokes."

Last August, the 80-year-old even began speculating about who might succeed him as the GOP's nominee. Now that he's brought it up again at the White House Correspondents' Dinner, it's hard to know what to make of it. 

Politics: Trump Alarms Critics After He Gives Unsettling Answer About Leaving Office

"On the one hand, the president often follows through on his promises, even those that seem unusual or even outlandish," Peabody said. "On the other hand, he enjoys trolling his opponents."

David Schultz, a professor of political science and legal studies at Hamline University in Saint Paul, Minnesota, and professor of law at the University of Minnesota, thinks 2028 jokes may serve more strategic purposes for Trump: First, they energize Trump's political base and help maintain enthusiasm heading into the 2026 midterm elections. Second, they help prevent him from being viewed as a traditional second-term, lame duck president.

"Historically, presidents lose political influence after the midterm elections because everyone begins focusing on the next presidential race," Schultz told HuffPost. "By suggesting that he might somehow run again, Trump keeps attention focused on himself. That helps maintain discipline within the Republican Party and reinforces his position as its dominant political figure."

The comments also function as an effective political distraction at a time when Trump is in dire need of one; his approval rating has fallen to the lowest point of either of his terms in office, according to a new Economist/YouGov poll.

"Democrats and much of the media respond to the possibility of a third term rather than focusing on other issues, including the economy, foreign policy, or controversies surrounding the administration," Schultz said. "Once again, Trump succeeds in setting the political agenda by determining what everyone else is talking about."

Life: Trump Yet Again Spat This 1 Insult At A Female Reporter. Experts Say It's A Strategy.

Still, we shouldn't laugh off jokes about a third term.

Whatever Trump's intention are with the "Trump 2028" talk, the U.S. has become a less stable democracy under his presidency; against that backdrop, Schultz said remarks about serving beyond constitutional limits don't come across as harmless humor.

"Some observers worry that these statements suggest a willingness to test constitutional boundaries and push the political system into accepting what it otherwise would reject," he said. "Whether or not that concern ultimately proves justified, the context matters. Jan. 6 and the continuing polarization in American politics make these comments especially significant."

Despite the implausibility of a third Trump term, Peabody agrees that concerns are warranted. 

"Most people think this is a somewhat silly problem ― 'everybody knows that the president can't run again,'" he said.

"Given Mr. Trump's proclivity for envelope-pushing arguments and given the current Supreme Court's focus on sometimes narrow textual readings of our supreme law, ignoring the constitutional arguments about Trump 2028 is an act of civic irresponsibility and political naivete," he said. 

Matthew Beckmann, a political science professor at the University of California, Irvine, said Americans should be alert to Trump's rhetoric about a third term, but also trust that the constitutional system is designed to withstand such challenges.

"The bottom line is that American democracy is vulnerable to a president and party willing to use their powers to subvert the rule of law and the will of the people," he said. "However, our democratic system offers U.S. citizens and public officials levers to mitigate those vulnerabilities."

Pulling those levers "takes discipline, expertise, integrity and courage," he said. "Here's hoping we manifest enough of each."

Related...

Read the original on HuffPost