Donald Trump’s “Trump 2028” merchandise raises eyebrows about a third term run, despite clear constitutional barriers that would make such a bid nearly impossible without unprecedented changes to America’s founding document.
Key Insights
- Trump is selling “Trump 2028” merchandise while acknowledging a third term would be “very hard” to achieve under current law
- The 22nd Amendment explicitly limits presidents to two terms, requiring a constitutional amendment to change
- Trump’s third-term talk effectively freezes potential 2028 Republican candidates including JD Vance and Ron DeSantis
- Republican leaders generally dismiss the talk as joking, though some loyalists have proposed constitutional changes
- The merchandise and speculation serve strategic purposes in maintaining Trump’s influence over the Republican party
Constitutional Reality vs. Political Merchandise
The Trump Organization’s recent release of “Trump 2028” merchandise has ignited speculation about the president-elect’s future political ambitions. Despite clear constitutional limitations, hats and other items bearing the slogan have sold briskly on Trump’s official website. The 22nd Amendment explicitly prohibits any person from being elected president more than twice, creating an insurmountable legal barrier without a constitutional amendment.
In a recent interview with The Atlantic, Trump himself acknowledged the difficulty of pursuing a third term, stating it would be “very hard” to achieve. While he has occasionally referenced the possibility, he has not formally committed to pursuing this path. The constitutional hurdles are significant – amending the Constitution requires approval from two-thirds of both houses of Congress and ratification by three-fourths of state legislatures, a process that has succeeded only 27 times in American history.
Strategic Impact on Republican Contenders
Trump’s third-term talk serves a practical political purpose regardless of its constitutional feasibility. By maintaining ambiguity about his 2028 intentions, Trump effectively prevents potential Republican candidates from building momentum for their own presidential bids. This strategic uncertainty particularly affects politicians like Vice President-elect JD Vance, Florida Governor Ron DeSantis, and Senators Marco Rubio, Ted Cruz, and Josh Hawley.
“He’s not going to run for another term. Don’t underestimate the degree to which he believes any Trump-centered noise is good, because it starves his opponents.” – Newt Gingrich
The dynamics particularly affect Vance, who as vice president would normally be positioned as a natural successor. While Vance has acknowledged his potential future in presidential politics, saying, “If I do really well for the next four years, everything else will take care of itself,” he remains deferential to Trump’s enduring influence over the MAGA movement. Republican insiders suggest any challenge to Trump’s primacy would face insurmountable resistance from the base.
President Donald Trump is now selling hats and shirts emblazoned with "Trump 2028" branding.https://t.co/I4wuRRmFDb
— KTNV | Channel 13 News Las Vegas (@KTNV) April 25, 2025
Legal Theories and Political Reality
Some Trump allies have theorized about potential loopholes to the two-term limit. One scenario involves Trump running as vice president in 2028, with the presidential candidate resigning after taking office, allowing Trump to ascend to the presidency again. However, this approach raises significant constitutional questions regarding the 12th Amendment’s provision that no person constitutionally ineligible to be president can serve as vice president.
Republican Representative Andy Ogles has proposed a constitutional amendment that would allow presidents to serve three terms, but the political reality makes such a change highly improbable. Republican leaders, including Senate Majority Leader John Thune, have downplayed Trump’s comments about a third term as joking rather than serious policy proposals. Most constitutional scholars agree that the 22nd Amendment creates a clear, intentional barrier to extended presidential service that reflects America’s historical aversion to extended executive power.
The Political Calculation
Trump’s approach demonstrates his continued ability to dominate Republican politics even in moments when traditional political attention might shift elsewhere. By selling “Trump 2028” merchandise and maintaining strategic ambiguity about his future plans, he prevents becoming a “lame duck” figure and keeps the political spotlight firmly on himself. The strategy effectively delays potential successors from building their own movements while maintaining Trump’s position as the central figure in the Republican Party.
For Trump’s supporters, the merchandise represents more than just speculation about a constitutionally questionable third term – it symbolizes continued loyalty to Trump’s political movement and agenda beyond his second administration. Even if a third term never materializes, the “Trump 2028” messaging serves immediate political purposes by reinforcing Trump’s unprecedented influence over American conservative politics for the foreseeable future.
Sources:
- No, Trump Cannot Run for Re-election Again in 2028
- Trump’s third-term talk freezes the potential 2028 Republican field
- Trump Says It Would Be ‘Very Hard’ to Run for Third Term
