Donald Trump and the Third Term: Can It Really Happen?

Can Trump run again? It’s a question he’s teased multiple times—jokingly or not. But under the 22nd Amendment, U.S. presidents are limited to two elected terms. So how could a Trump third term even be possible?

Let’s examine the only theoretical path—and why it remains incredibly unlikely.

Trump, Emergency Powers, and the Illusion of Authority

During times of national crisis, U.S. presidents can invoke emergency powers—like after 9/11 or during the COVID-19 pandemic. These temporary measures expand executive authority but do not override the Constitution.

Trump could theoretically attempt to:

• Declare a national emergency (e.g., war, economic collapse, civil unrest),
• Expand executive power or military authority,
• Suggest delaying the election for “national security.”

But even under emergency powers, a president cannot legally cancel or delay a federal election without approval from Congress. The Supreme Court would step in immediately. There is no legal pathway or precedent for a U.S. president to extend their term unilaterally.

Why Does Trump Keep Talking About a Third Term?

So if the Constitution blocks a third term, why does Trump keep bringing it up?

It may be less about law and more about influence—specifically, undermining trust in democratic institutions.

After losing dozens of 2020 election cases, including rulings by judges Trump appointed, he’s pushed a narrative:

• That court decisions are “politically motivated,”
• That a “deep state conspiracy” is targeting him,
• That judges are corrupt—even calling some out by name, prompting threats from supporters.

This isn’t just venting—this is authoritarian strategy.

Trump vs. the Judiciary: Undermining Legal Authority

By consistently attacking judges and rulings, Trump is reframing the judiciary in the public eye:

• Normalizing the rejection of court decisions,
• Training his base to view legal checks and balances as optional,
• Paving the way for extreme measures—such as refusing to concede, declaring an election invalid, or branding himself a “wartime president” who must remain in power.

This plays directly into the narrative that Trump is the only one who can fix it—a common theme in authoritarian playbooks.

Authoritarian Playbook: Erode Trust, Gain Control

Most authoritarian regimes don’t take power overnight. They erode trust in core institutions:

• The press becomes “fake news,”
• The courts are called “biased” or “rigged,”
• Elections are “stolen,”
• Power must be extended to restore order.

Once enough of the public loses faith in judges, journalists, or the legitimacy of elections, defying democratic norms becomes palatable—even popular.

Could Emergency Powers Delay a U.S. Election?

This is the heart of the concern: Could Trump use emergency powers to delay the election and remain in office?

Legally, no. But narrative power is a different beast. The real risk isn’t legal—it’s perception. If the public stops trusting the Constitution or courts, enforcement loses meaning.

That’s when democracy becomes dangerously fragile.

Bottom Line: A Trump Third Term Remains Unconstitutional—But the Damage May Already Be Done

There is no constitutional path to a Trump third term without amending the 22nd Amendment—a political impossibility in today’s climate. Emergency powers don’t offer a backdoor. The courts still stand.

But the real danger lies in the slow erosion of trust in American institutions—the courts, the Constitution, the election system itself.

Whether Trump runs again or not is almost secondary. The deeper threat is the loss of faith in democracy itself—and that long game is already underway.

By Jason Mclelland