Alan Dershowitz, one of the most respected voices in America’s legal profession, having advocated for causes both right and left, and having defended a long list of high-profile personalities, has concluded that the U.S. Constitution doesn’t actually prevent President Donald Trump from having a third term.
That’s long been a talking point for both those who like his policies and agendas, and those who suffer from Trump Derangement Syndrome and hate anything even remotely associated with the New York businessman-turned-popular president.
Dershowitz, the Felix Frankfurter Professor of Law at Harvard, is a regular media contributor, political commentator and legal analyst.
He’s represented names like Calus von Bulow, Jim Bakker, Harvey Weinstein and more.
A report in the Washington Examiner explains Dershowitz confirms the Constitution states Trump cannot be “elected” to a third term.
The report explained Dershowitz had given Trump a copy of his coming book, “Could President Trump Constitutionally Serve a Third Term?” which is not out yet.
“He smiled when he saw the title,” Dershowitz told the Washington Examiner. “He found it interesting as an intellectual issue.”
While the 22nd Amendment states no one can be “elected” to the presidency more than twice, the legal expert suggests the framers’ choice of words is significant.
“The text of the Constitution permits a two-term president from serving a third term as long as he’s not elected to it,” Dershowitz said. “The framers of the 22nd Amendment explicitly rejected language that would have prohibited serving, holding, or acting as president.”
He explained he began reviewing the issue after legal “academics” dismissed the idea out of hand.
“Whenever somebody tells me something is unthinkable, I immediately want to think about it,” he said.
His book addresses a number of scenarios, such as the deaths of a president and vice president.
“Would the courts interfere if the secretary of state ascended to the presidency and was sworn in?” Dershowitz asked. “It’s just not clear.”
BANNON: You damn right it’s Trump 2028. And to quote one of the top constitutional lawyers in this country, “You can drive a Mack truck through the 22nd amendment.”
Suck on that. pic.twitter.com/4IOxxP5G99
— Bannon’s WarRoom (@Bannons_WarRoom) November 3, 2025
He said he doesn’t believe Trump is seeking a third term.
The report said, “Former White House chief strategist Steve Bannon openly embraced the idea of a ‘Trump 2028’ campaign, saying on his War Room podcast that there are ways to maneuver around the 22nd Amendment. Bannon claimed he has spoken with a prominent constitutional lawyer who told him the amendment is vulnerable to aggressive legal interpretation, boasting that ‘you can drive a Mack truck through’ its language.”
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