The 22nd Amendment to the U.S. Constitution, ratified in 1951 in the aftermath of Franklin D. Roosevelt's four election victories, limits presidents to two terms, whether consecutive or nonconsecutive. Amending it would require two-thirds approval in both chambers of Congress and ratification by three-fourths of the states. Nevertheless, "War Room" host Steve Bannon — who served as White House chief strategist during Trump's first term — and other MAGA Republicans continue to assert that a legal pathway exists for President Donald Trump to seek a third term in 2028.

According to Simon Marks of the UK-based i Paper, Bannon and others in the MAGA movement are hoping that their "third term" claims will help them in the 2026 midterms.

"With just 78 days to go before America's midterm elections," Marks explains, "Steve Bannon — Donald Trump's on-again, off-again political adviser — is suddenly a deeply worried man. On Friday, (August 14), the president's political Svengali told viewers of his daily 'War Room' broadcast that he has looked at the state of play in the midterm election campaign and fears Republicans are destined to come up short. Citing figures showing that Democratic candidates are ahead — in some cases, comfortably ahead — in several key states, Bannon insisted the party is on the brink of what he termed 'a disaster… completely, an absolute debacle.'"

Marks continues, "But Bannon insisted there is still a way of saving the Trump project. He urged Republicans in Congress to immediately double down on their support of the president, warning the party's leaders that they are now complicit in a looming electoral disaster."

On "War Room," Bannon told viewers that MAGA voters "are not going to show up" in November "if you treat President Trump as a lame duck."

"Bannon is one of several Republican strategists who believe the answer to the party's woes is more Trump, not a retreat from him," Marks observes. "A self-confessed 'huge advocate of President Trump's third term,' Bannon also continues to maintain that a way will be found to circumvent the Constitution and keep Trump at the helm for another four years…. In recent weeks, Trump has referenced the possibility of seeking a third term. He also sidestepped a reporter's question about whether he would rule out the prospect of trying to secure one, despite it being against the U.S. Constitution…. For now, Democrats are watching with glee."

Trump's political operation has previously sold "Trump 2028" hats, and some allies have floated workarounds such as Trump running for vice president and then succeeding to the office — though constitutional scholars broadly note that the 22nd Amendment bars him from election to the presidency and that the 12th Amendment likewise blocks anyone constitutionally ineligible for the presidency from serving as vice president.

Marks adds, "The latest modelling shows Republicans more than 8 per cent behind their opponents, with the political statistician Nate Silver saying that 'everything is breaking the Democrats' way.' But cornered, Trump may become more erratic and less rational than ever. In the remaining days of the campaign, anything could happen, as the MAGA grassroots seek to protect their leader at all costs."

The November 3, 2026 midterms will decide control of the narrowly divided House and Senate — and with them, the legislative runway for the final two years of Trump's second term. The party holding the White House has historically lost House seats in midterm elections, though the scale of those losses has varied widely.