Updated June 28, 2026

Can Trump run for vice president in 2028?

Almost certainly not. The 12th Amendment states that no person constitutionally ineligible to be president can serve as vice president. The 22nd Amendment makes Trump ineligible to be elected president again - he was elected in 2016 and 2024, reaching the two-term constitutional maximum. Under the mainstream reading of those two amendments together, Trump is likewise barred from the vice presidency. A narrow minority scholarly view exists, but no court has adopted it.

The 12th Amendment: the VP eligibility rule

The 12th Amendment (ratified 1804) closes the question in plain text: "no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States."

Because the 22nd Amendment makes Trump constitutionally ineligible to be elected president a third time, most constitutional scholars conclude the 12th Amendment extends that same bar to the vice presidency. The two amendments work together: the 22nd closes the presidential door; the 12th closes the vice-presidential door behind it.

The 22nd Amendment: why Trump is barred from the presidency

The 22nd Amendment (ratified 1951) limits any person to being elected president twice. Trump was elected in 2016 and again in 2024 - two elections won, the constitutional maximum. He cannot be elected to a third presidential term.

This is the same rule that applies to Barack Obama (elected 2008 and 2012). Both are ineligible for the presidency in 2028. The 12th Amendment then carries that ineligibility over to the vice presidency as well.

The minority scholarly argument: could Trump technically qualify?

A minority of constitutional scholars argue the bar is not quite as clear-cut. Their reasoning: the 22nd Amendment says a person cannot be elected to the presidency more than twice. It does not use the word "ineligible." The 12th Amendment, they point out, only bars those "constitutionally ineligible to the office of President" - which, in their narrow reading, means only those who fail the Article II requirements of age (35+), natural-born citizenship, and 14-year residency.

Under this view, the 22nd Amendment creates a limit on election, not a status of constitutional ineligibility, so the 12th Amendment VP clause would not pick it up. This argument has never been tested in any court and is outside the constitutional mainstream. Most scholars who have reviewed it regard it as a textual stretch that would produce significant legal chaos if attempted.

For practical purposes, major-party strategists and legal advisors would almost certainly steer nominees away from a two-term-former-president VP slot in 2028 given the litigation risk, the Electoral College uncertainty, and the constitutional chaos that would result if the VP had to assume the presidency.

How this differs from the Obama VP question

The constitutional analysis is identical for Barack Obama. He was elected in 2008 and 2012 - two terms - and under the same 12th Amendment + 22nd Amendment reasoning, he is almost certainly barred from the vice presidency as well. The mainstream view applies equally to any two-term former president regardless of party. Obama has expressed no interest in any such arrangement.

See also: Can Obama run for president in 2028?

Quick answers

Trump VP in 2028: frequently asked questions

Can Donald Trump run for vice president in 2028?
Almost certainly not. The 12th Amendment states that no person constitutionally ineligible to be president can serve as vice president. Because the 22nd Amendment makes Trump ineligible to be elected president again - he was elected in 2016 and 2024, reaching the two-term limit - the same bar almost certainly extends to the vice presidency.
What does the 12th Amendment say about VP eligibility?
The 12th Amendment states: 'no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.' Because the 22nd Amendment makes a two-term former president ineligible for the presidency, most constitutional scholars read the 12th Amendment as likewise barring that person from the vice presidency.
What does the 22nd Amendment have to do with being VP?
The 22nd Amendment directly bars Trump (and Obama) from being elected president more than twice. The 12th Amendment then picks up that bar and extends it to the vice presidency, because it says anyone ineligible to be president is also ineligible to be VP. The two amendments work together to close the vice-presidential path.
Is there any argument that Trump could legally be VP?
A minority of scholars argue the 22nd Amendment only restricts being 'elected' to the presidency, and that this does not technically make someone 'constitutionally ineligible' in the 12th Amendment sense - which they read as referring only to the Article II requirements of age, citizenship, and residency. Under this narrow reading, a two-term former president might theoretically be VP. No court has adopted this view.
Could Trump become president again if he were VP and the president died?
This is the core legal chaos scenario that most legal advisors point to. If Trump were VP and then assumed the presidency, that would raise immediate 22nd Amendment challenges. Whether the amendment bars 'election' only or 'service' in any form is genuinely unsettled, but no major constitutional law organization takes the position that Trump could re-enter the presidency through the VP path.
Has any court ruled on whether a two-term president can be VP?
No. No federal or state court has ever ruled on this question directly. It remains a theoretical constitutional debate. The practical risk of litigation and Electoral College chaos is one reason major-party strategists would almost certainly advise against putting a two-term former president on the ticket as VP.

Related eligibility questions: Can Trump run for president in 2028? (No - 22nd Amendment) - Can Obama run? (No - 22nd Amendment) - Can AOC run? (Yes - fully eligible) - Full eligibility guide

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