December 18, 2025

Alan Dershowitz, once a revered Harvard Law School scholar, seems to have veered into contentious territory with his forthcoming book, *Could President Trump Constitutionally Serve a Third Term?* Set for release in March, the book challenges the universally accepted interpretation of the 22nd Amendment, which clearly limits a President to serving only two terms.
Dershowitz recently shared his thoughts with the *Wall Street Journal*, stating that the Constitution's stance on a third presidential term is ambiguous. This remark evidently intrigued Donald Trump, the former president known for his own constitutional challenges and controversial tenure. Dershowitz's comment has added fuel to the speculative fire among Trump's supporters, some of whom are already rallying behind the notion of a Trump 2028 campaign.
At a recent White House Hanukkah party, casino heiress Miriam Adelson declared her willingness to invest $250 million in a potential Trump 2028 run, inspired by Dershowitz's legal opinions. The announcement was met with enthusiastic chants of "Four more years!" from the crowd, underlining the fervor that Dershowitz's statements have sparked.
However, the text of the 22nd Amendment is clear in its language: “No person shall be elected to the office of the President more than twice.” This straightforward directive was a reactionary measure to Franklin D. Roosevelt's four-term presidency, which had irked many Republicans at the time and led to the amendment's ratification in 1951.
Dershowitz's interpretation not only flies in the face of the amendment's clear wording but also seems to disregard the historical context of its enactment. Critics argue that such a stance does not just reflect a benign legal curiosity but could potentially edge into dangerous territory by encouraging constitutional loopholes.
Moreover, Dershowitz proposed scenarios like manipulating the Electoral College or leveraging a position as Speaker of the House to circumvent electoral norms. These suggestions have alarmed many who fear they could undermine democratic principles.
While Dershowitz continues to make headlines with his provocative legal theories, the broader legal and historical consensus remains firmly against the plausibility of a third Trump term. As legal scholars and historians alike stand by the clear intent of the 22nd Amendment, the debate stirred by Dershowitz's new book may well end up being more about the spectacle than about serious constitutional law.