Trump Might Seek a Third Term as President, but Could He Run for Vice President?
Some argue a legal loophole will allow him to seek a third term as president.
Published Oct. 28 2025, 10:33 a.m. ET

Ever since he took office for his second term, and even before that, President Trump has discussed the possibility of seeking a third term in office. The 22nd Amendment to the Constitution specifically prohibits presidents from running for more than two terms, which has naturally led many to wonder how Trump might seek more time in office.
Of course, Trump has not always been that concerned with constitutionality, but there's a loophole in the 22nd Amendment that some claim could allow Trump to seek a third term. Here's what we know.

An an ex-president run for vice president?
In addition to the 22nd Amendment, which says that a person cannot be elected as president after serving two terms, the 12th Amendment makes it clear that anyone who is constitutionally ineligible to be president also cannot serve as vice president. Some, however, including Cornerstone Law Firm, have argued that the difference between being "elected" and "serving" means that a president who has already served two terms in office could still run for vice president.
According to this theory, which has gained steam on the right thanks in large part to Trump, the 22nd Amendment doesn't make a two-term president "ineligible" for the presidency; it just makes him ineligible to be elected to the office. If, therefore, he decided to run as vice president next to JD Vance, for example, and then Vance were to resign, he could assume the presidency for a third term.
This, of course, parses the language pretty finely and seems to contradict the stated intent of the 22nd Amendment, which is to prevent presidents from serving a third term.
It can be difficult for laws to imagine every possible scenario, so while this may technically be legal (it would have to be decided by the Supreme Court), it's exactly the kind of workaround that a child might use in trying to negotiate with their parents.

Trump has said that he won't be running for vice president.
All of this discussion about whether Trump is allowed to run for vice president might not matter all that much anyway. While he has made it clear that he is very interested in a third term, he has said that he doesn't think he'll use this supposed loophole to stay in office.
According to the BBC, Trump told reporters during his trip to Asia in late October that he "would love" to seek a third term, but called the vice president idea "too cute" and said it "wouldn't be right."
"I haven't really thought about it. But I have the best poll numbers that I've ever had," Trump also said. If he ran for a third term, he would be the first president to test the limitations of the 22nd Amendment. It could also mean that Trump would be president well into his eighties, as he'll already be one of the oldest presidents to ever serve in the White House by the end of this term. Of course, he would have to get on the ballot and win the election first.