It is noteworthy that President Donald Trump is "intentionally" fueling controversy over whether he can actually run in the 2028 presidential election, even though it is "highly likely he is seriously considering it."

The 22nd Amendment to the U.S. Constitution prohibits anyone from being elected to the office of the President more than twice. Therefore, the general legal interpretation is that Trump, having been elected president in 2016 and 2024, cannot run for president again in 2028.

To amend the Constitution, it must go through two stages—"Proposal" and "Ratification"—as stipulated in Article V of the U.S. Constitution.

The most common method is for a proposed amendment to be passed by a two-thirds majority in both the Senate and the House of Representatives. Alternatively, two-thirds of the state legislatures (at least 34 states) can request that Congress call a national convention to propose an amendment, though this method has never been successful in U.S. history.

Once proposed, the amendment must be ratified by three-fourths of the states (at least 38 states) through votes in their respective legislatures. Historically, 26 amendments have been passed in this manner.

Another method is to hold special ratification conventions in each state, with three-fourths of the states voting in favor. This method was used only once, for the 21st Amendment, which repealed Prohibition.

However, given that nearly half of the states (24) are currently led by the Democratic Party, ratification appears to be a practically impossible endeavor.

A more plausible path would be for the U.S. Supreme Court to reverse the interpretation of the 22nd Amendment. Since the 22nd Amendment has never been formally adjudicated or interpreted by the Supreme Court in history, some argue that an unconventional interpretation could potentially emerge.

However, it seems highly unlikely that the Supreme Court, which previously interpreted birthright citizenship under the 14th Amendment according to its literal text, would interpret the 22nd Amendment differently from its plain wording.

Meanwhile, Alan Dershowitz, professor emeritus at Harvard Law School, analyzed constitutional loopholes in his book, "Could President Trump Constitutionally Serve a Third Term?" and argued that Trump could serve a third presidential term.

The 22nd Amendment stipulates that "No person shall be elected to the office of the President more than twice." Professor Dershowitz argues that the Constitution only prohibits being "elected" (selected through voting), but does not explicitly forbid "serving" (performing the duties of the office).

In other words, the interpretation suggests that if one were to succeed to the presidency through another legal path without being elected, a third term might not be impossible.

The most frequently mentioned scenario involves Trump becoming Speaker of the House after leaving office, or being appointed Vice President in the next administration, and then automatically succeeding to the presidency in the event of a vacancy or resignation.

However, if the Supreme Court were to rule that "succession through such loopholes directly violates the spirit of the Constitution and is therefore invalid," Trump's attempt at a third term could be blocked.

Considering that the 22nd Amendment was created out of a national consensus that "no one should hold long-term power for more than eight years" following Franklin D. Roosevelt's four-term presidency, the Republican Party could face a significant backlash amidst the inevitable political controversy and critical public opinion.

If so, why does Trump continue to mention "Trump 2028"?

Political analysts suggest that President Trump wishes to ensure his brand effect carries over to his successor. It acts as a form of "Trump movement" to keep the MAGA base galvanized by keeping himself in the spotlight.

Furthermore, by focusing the attention of the media and the political sphere on himself, he can effectively blunt attacks directed at his potential successors. This has allowed individuals like Vice President JD Vance or Secretary of State Marco Rubio to receive relatively fewer negative attacks.

This also serves to ensure that Trump’s inner circle remains more loyal to him.

In an interview with the Wall Street Journal last December, Professor Dershowitz stated that he had only explained this to President Trump during their meeting as an "intellectually interesting legal issue," and that he did not believe the President would actually force a third-term bid.

However, it has been reported that President Trump was indeed interested in Professor Dershowitz's book.

U.S. NNP = CEO & Chief Reporter Hong Sung-gu / Special Correspondent for this publication NNP info@newsandpost.com