Alan Dershowitz on Trump's Third Term and the Constitution

A Legal Analysis of a Potential Third Term

Former Harvard law professor Alan Dershowitz recently met with President Donald Trump and shared his thoughts on the constitutionality of Trump potentially serving a third term. According to a report, Dershowitz described the issue as “not clear,” raising questions about the legal boundaries of presidential terms.

During their meeting in the Oval Office, Dershowitz reportedly presented a draft of his upcoming book titled Could President Trump Constitutionally Serve a Third Term?, which is set for release in 2026. The book, according to its publisher, offers an in-depth constitutional analysis that explores how Trump could become the forty-eighth president of the United States. Dershowitz previously worked as part of Trump’s legal team during his first term, when the president faced impeachment by Congress.

Dershowitz expressed uncertainty about the legality of a third term, stating, “It’s not clear if a president can become a third-term president, and it’s not clear if it’s permissible.” This statement has sparked renewed debate over the limits of executive power and the interpretation of the U.S. Constitution.

The 22nd Amendment and Its Implications

The 22nd Amendment to the U.S. Constitution explicitly prohibits any individual from being elected to the presidency more than twice. It was passed by Congress in 1947 and ratified in 1951. The amendment states: “No person shall be elected to the office of the President more than twice.” This provision was introduced to prevent the concentration of power in a single individual and to ensure regular transitions of leadership.

Despite this clear limitation, Trump has not ruled out the possibility of running for a third term. His mixed messages have led to speculation about whether he is seriously considering a return to the White House in 2028. In February, Trump asked attendees at a White House reception if they would support him running for a third term. Later, in a phone interview with NBC News, he suggested that multiple plans were already circulating for a potential 2028 campaign.

In an October interview, Trump acknowledged the two-term limit but expressed a desire to serve longer, saying, “I would love to do it.” He has also been seen distributing “Trump 2028” hats during official meetings and selling them through his private company, further fueling speculation about his intentions.

Political Strategy and Public Reaction

One scenario that has been discussed involves Trump running for vice president and then assuming the presidency after the next election. However, this approach appears to conflict with both the 22nd and 12th Amendments. The 12th Amendment states that no person ineligible to be president can become vice president, reinforcing the constitutional barriers to a third term.

Trump’s allies have shown support for the idea of a prolonged presidency. During a White House Hanukkah ceremony, Trump invited top Republican donor Miriam Adelson onstage. Adelson, who has donated millions to political causes, mentioned that she had spoken to Dershowitz about the issue. As the crowd chanted “four more years,” Adelson encouraged Trump to consider the possibility.

Adelson and her late husband contributed over $658 million to influence elections between 2015 and 2024, according to a recent Washington Post analysis. During their interaction, Trump told the gathering, “She said, ‘Think about it, and I’ll give you another $250 million.’”

White House Response

When asked for comment on the matter, White House spokeswoman Abigail Jackson stated, “There has never been an Administration that has accomplished as much in less than one year than the Trump Administration. The American people would be lucky to have President Trump in office for even longer.”

This response highlights the administration’s continued efforts to frame Trump’s tenure as highly effective and beneficial, despite the ongoing legal and constitutional debates surrounding his potential future in office.