The Ultimate Constitutional Showdown: Can Donald Trump Legally Run For Vice President In 2028?

The question of whether a two-term former President can legally run for Vice President has moved from a theoretical legal puzzle to a central topic of political speculation, especially regarding Donald J. Trump and the 2028 election cycle. As of December 2025, the debate hinges on a complex and currently untested interplay between two critical parts of the U.S. Constitution: the Twelfth and Twenty-Second Amendments. The answer is not a simple 'yes' or 'no,' but rather a deep dive into constitutional law that could ultimately require a Supreme Court ruling to settle.

The idea of a former President serving in the second-highest office is an unprecedented scenario in modern American history, driven by the unique political climate and the constitutional limits established after the four-term presidency of Franklin Delano Roosevelt (FDR). While Donald Trump himself has publicly dismissed the notion of a Vice Presidential run as "too cute," the legal and political possibility remains a compelling subject for constitutional scholars and political strategists alike.

The Constitutional Battleground: 12th vs. 22nd Amendments

The entire debate rests on how two specific constitutional amendments are interpreted—one that sets the qualifications for the Vice Presidency, and one that restricts the Presidency.

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The 22nd Amendment: The Two-Term Limit

The core restriction is found in the Twenty-Second Amendment, ratified in 1951. Its language is precise and crucial to the debate:

• "No person shall be elected to the office of the President more than twice..."

This amendment clearly prevents Donald Trump, who was elected in 2016 and 2024 (in this hypothetical scenario for 2028 analysis), from being elected President a third time. However, it does not explicitly prevent a person from being elected to the office of Vice President.

The 12th Amendment: The VP Eligibility Clause

The roadblock to the Vice Presidency is contained within the Twelfth Amendment, which governs the election of the President and Vice President. This amendment includes a crucial clause that links the two offices:

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• "...no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."

This single sentence is the legal fulcrum of the entire controversy. The question becomes: Does the 22nd Amendment, by making a twice-elected President ineligible to be *elected* President, also make them "ineligible to the office of President" in a broader sense, thereby disqualifying them from the Vice Presidency?

Legal Scholars' Arguments: The 'Constitutional Loophole' Debate

The possibility of a former two-term President serving as VP is not a new idea; it has been extensively analyzed by constitutional law experts. The consensus is divided, with the majority leaning toward disqualification, but a significant argument exists for eligibility.

The Argument Against Eligibility (The Majority View)

Most constitutional scholars argue that the *intent* and *spirit* of the 22nd Amendment must prevail. The argument is threefold:

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1. Ineligibility to Hold the Office: They contend that a person ineligible to be *elected* President is also ineligible to *hold* the office. Since the Vice President's primary constitutional function is to be ready to assume the Presidency (ascension to the presidency) upon death, resignation, or removal of the President, the Framers of the 12th Amendment must have intended for the VP to be fully qualified for the higher office.
2. Defeating the Amendment's Purpose: Allowing a two-term President to serve as VP and then ascend to the Presidency would essentially grant them a third term, directly defeating the clear purpose of the 22nd Amendment, which was to prevent a concentration of power like that of Franklin Delano Roosevelt.
3. The Election Clause: If Trump were to ascend from VP to President, he would be serving in the office that he is barred from being elected to. Scholars like Jeremy Paul of Northeastern University suggest that this "loophole" argument is "implausible" and would ultimately fail in court.

The Argument For Eligibility (The 'Loophole' View)

A smaller, but prominent, group of legal experts argues that the plain text of the Constitution permits this scenario. The most comprehensive analysis comes from law professor Dan T. Coenen in his paper "Two-Time Presidents and the Vice-Presidency."

1. Focus on "Elected": The 22nd Amendment only bars a person from being elected President more than twice. Serving as Vice President is an election to a different office, and ascending to the Presidency mid-term is not an "election" in the constitutional sense.
2. VP Qualifications are Separate: The 12th Amendment's "ineligible" clause could be narrowly interpreted to mean only the basic qualifications for the Presidency listed in Article II (age, natural-born citizenship, and residency). Since the 22nd Amendment is a *term-limit* restriction, not a *qualification* restriction, it may not apply to the Vice Presidency.
3. The "Ascension" Distinction: If Trump were to become President via the line of succession (e.g., the 25th Amendment), he would be *succeeding* to the office, not being *elected* to it. The 22nd Amendment does not limit how many terms a person can *serve* as President, only how many times they can be *elected* to the office.

The Political and Practical Realities of a Trump VP Bid in 2028

Beyond the esoteric constitutional arguments, the political and practical implications of a former President running for Vice President are immense.

• The Ticket Dynamic: The presence of a former, two-term President on a national ticket would completely overshadow the presidential nominee. The ticket would effectively be a 'co-presidency' or, more likely, seen by the public as a third-term bid for Donald Trump, with the presidential nominee as a placeholder.
• The Electoral College Factor: The Twelfth Amendment also contains a lesser-known clause that prevents the Electors from voting for a President and Vice President who are both inhabitants of the same state as the Electors. While not a direct disqualifier, this could create logistical challenges for the Electoral College process, depending on the state of residence for both candidates.
• The Supreme Court Certainty: If Donald Trump were to run for and win the Vice Presidency in 2028, and then subsequently ascend to the Presidency, a constitutional challenge would be virtually guaranteed. This would force the Supreme Court of the United States to issue a definitive ruling on the meaning of "ineligible to the office of President," setting a historic and potentially destabilizing precedent for the future of presidential term limits.

Conclusion: The Unsettled Legal Precedent

The final answer to whether Donald Trump can run for Vice President in 2028 is that the Constitution is ambiguous, and the matter has never been litigated. While the spirit of the 22nd Amendment strongly suggests a two-term President should be barred from any path that leads to a third term, the precise wording of the 12th Amendment leaves a "constitutional interstice" that has yet to be closed by a court of law.

For now, the legal landscape is a high-stakes guessing game. Political commentators and legal scholars view the Vice Presidential path as a highly unlikely, though technically plausible, "nuclear option" for a return to power. Until a candidate attempts this maneuver, or Congress passes a clarifying amendment, the ultimate authority on this constitutional question remains the Supreme Court.