Three prominent Democratic leaders, Alexandria Ocasio-Cortez, Elizabeth Warren, and Chris Murphy, have inadvertently created conditions that could boost Donald Trump’s chances of pursuing a third term, legal expert Alan Dershowitz warns.
In his new book, Dershowitz outlines how Trump could legally circumvent the 22nd Amendment by assuming the vice presidency under a close ally, then ascending to the presidency once elected
Republicans describe them as extreme radicals whose policies, particularly on foreign conflicts, would harm the country. Any one of them winning the Democratic nomination could push Republicans to support efforts allowing Trump to return to the White House after his current term ends.
These three Democrats are seen as candidates Republicans must stop. Their positions on ending ongoing wars on terms viewed as unfavorable to the United States have raised strong opposition.
Party leaders worry that standard candidates like JD Vance or Marco Rubio might not defeat them in 2028.
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In that case, pressure could grow to use every available option to keep Trump as the strongest choice.
Loopholes in Term Limits
The 22nd Amendment limits any person to being elected president twice. It states: “No person shall be elected to the office of the President more than twice.” The exact wording creates openings. A two-term president cannot be elected again but could reach the office through other paths.
One route involves the vice presidency. Trump could run as a running mate to an ally. After winning, that ally could step down, letting Trump assume the presidency. Another path uses the Presidential Succession Act.
The order starts with the vice president, then speaker of the House, president pro tempore of the Senate, and cabinet members including secretary of state and secretary of defense.
If the top two positions become vacant, the next person in line moves up. Trump has been mentioned as a possible speaker in the past.
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A third option appears if the Electoral College deadlocks with no candidate reaching a majority. The House of Representatives then chooses the president from the top three vote-getters, as it did for Thomas Jefferson in 1801.
Past Attempts by Democrats
Democrats explored a similar idea in 2000 to extend Bill Clinton’s time in office using the same 22nd Amendment opening. The effort failed. The election ended with George W. Bush winning after a close and disputed result.
Some Democrats later said they wished the third-term option had been pursued.
Trump has spoken directly about 2028. He told NBC he is “not joking” about a comeback. Supporters now sell “Trump 2028” items. Foreign policy pressures and possible midterm election outcomes have added to the debate.
Why this matters
The actions of one party can open doors the other side may walk through. Nominating any of these three Democrats could speed up Republican plans to test the limits of the 22nd Amendment.
This raises new questions about presidential term rules that have stood for decades. It could shape how both parties campaign and govern in the years ahead. The Constitution’s wording on succession may now face real tests not seen before.
