Janice R. Andrews
Steve Bannon, a prominent ally of former President Donald Trump, recently proposed a provocative legal theory suggesting that Trump could remain in office for a third term, despite the constitutional limit set by the 22nd Amendment. Speaking at a gala hosted by the New York Young Republicans Club, Bannon raised the possibility of Trump defying the amendment by serving non-consecutive terms.
“Donald John Trump will raise his hand on the King James Bible and take the oath of office—his third victory and second term,” Bannon declared to a supportive crowd. He further stated, “Since it doesn’t explicitly say ‘consecutive,’ maybe we do it again in ’28? Are you guys ready for that? Trump ’28?” His remarks were met with enthusiastic applause.
This bold statement reflects the continued efforts of Trump’s loyal base to explore unconventional paths for extending his political influence. While the theory remains highly controversial, it has fueled new debates within the Republican Party about the future of Trump’s political career.
Bannon’s Theory: A Non-Consecutive Loop?
Bannon’s argument centers on the interpretation of the 22nd Amendment, which states:
“No person shall be elected to the office of the President more than twice.”
He contends that because the amendment doesn’t explicitly prohibit non-consecutive terms, a third term could be feasible under this interpretation. Citing legal scholar Mike Davis, Bannon hinted that the idea could work in 2028. Despite the theory’s lack of mainstream support, it demonstrates the relentless drive within Trump’s circle to find legal ways to challenge constitutional limitations.
Legal experts, however, strongly oppose this interpretation. University of Pennsylvania law professor Kermit Roosevelt dismissed the idea, saying, “I don’t think there’s any realistic possibility that the 22nd Amendment could be circumvented. It would take overwhelming approval in Congress and ratification by three-fourths of the states.”
Trump’s Past Remarks on a Third Term
The notion of Trump serving beyond two terms is not new. The former president himself has often joked about it. After losing the 2020 election, Trump repeated claims that his loss was fraudulent, which continued to fuel speculation about his return.
As early as the 2016 election, Trump joked about running for a third term, suggesting, “Unless you say, ‘He’s so good, we have to just figure it out.’” Yet, in an April interview with Time magazine, Trump dismissed any serious attempts to challenge the 22nd Amendment, stating, “I wouldn’t be in favor of a challenge. Not for me.”
Despite these comments, Bannon’s recent statements show that discussions around a third term are alive within MAGA circles.
Public Reaction and Online Backlash
Bannon’s comments have stirred strong reactions across the political spectrum. Critics, including anti-Trump Republican groups like Republicans Against Trump, have seized on the remarks to highlight concerns about Trump’s authoritarian tendencies. Meanwhile, his supporters on social media have embraced the idea, with trending hashtags like #Trump2028 fueling the discussion.
Democrats have consistently accused Trump of harboring authoritarian inclinations, a claim that has gained momentum following Bannon’s remarks.
Legal Barriers to a Third Term
While Bannon’s proposal has generated headlines, the legal and political hurdles are significant. The 22nd Amendment was ratified after President Franklin D. Roosevelt served four terms, limiting future presidents to two terms in office. Any effort to challenge or repeal the amendment would require a constitutional amendment, a process that involves both a supermajority in Congress and ratification by three-fourths of the states—an almost insurmountable challenge in today’s political climate.
Legal experts also point out that even if Bannon’s non-consecutive argument gained traction, the amendment’s clear language about “election” limits any interpretation that would allow a third term through succession or other means.
Bannon’s Rhetoric and Strategic Goals
Bannon’s recent comments align with his broader strategy to galvanize Trump’s base by framing him as a political outsider fighting against a corrupt establishment. At the event, Bannon also joked about his own release from federal prison, using it to rally support for Trump and his political movement.
This kind of rhetoric continues to fuel the narrative of resistance that has defined much of Trump’s tenure and is likely to remain central to his campaign in the coming months.
Looking Forward: What’s Next for Trump’s Third Term Push?
As Trump gears up for the 2024 election, the idea of a third term continues to be a topic of discussion among his allies. While the 22nd Amendment remains a formidable obstacle, Bannon’s remarks signal that the debate over Trump’s political future is far from over.
Whether these discussions are simply a rhetorical device or part of a larger strategy remains to be seen. However, they underscore the enduring influence of Trump’s brand of politics and the continued efforts to find new ways to keep him at the forefront of American politics.
