Can Donald Trump be vice president in 2028?

The 12th Amendment states that 'no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.' Since the 22nd Amendment makes Trump ineligible to be elected president again, the 12th Amendment would logically extend that ineligibility to the vice presidency.

This interpretation is widely shared among constitutional scholars across the political spectrum. If a presidential ticket ran with Trump as the VP candidate, electors in many states might decline to vote for the ticket, and the constitutional validity of such a vote would almost certainly be challenged in court.

No definitive Supreme Court ruling addresses this precise scenario. Some scholars argue the 22nd Amendment only speaks to 'election' to the presidency and does not technically reach the VP slot. But this is a minority view, and relying on it would invite significant legal chaos.

For practical purposes, major-party strategists and legal advisors would almost certainly steer nominees away from a Trump VP slot in 2028 given the constitutional uncertainty and litigation risk it would create.