Trump Store Sparks Outrage by Selling “Trump 2028” Gear — A Direct Shot at Constitutional Limits?

 

In a move that has left legal scholars, constitutional experts, and even longtime allies scratching their heads, the official merchandise store of former President Donald J. Trump has released a new and highly controversial line of gear labeled “Trump 2028.” The collection, which includes baseball caps, T-shirts, mugs, and flags, boldly touts slogans such as “Trump 2028: The Comeback Continues” and “Make History Again.”

While the merchandise may initially come across as typical political provocation or satire, critics warn it hints at a more serious threat to America’s democratic framework. That’s because a third presidential term for Trump would blatantly violate the U.S. Constitution.

A Joke or a Constitutional Crisis?

The 22nd Amendment to the U.S. Constitution is unambiguous: “No person shall be elected to the office of the President more than twice.” Ratified in 1951 following Franklin D. Roosevelt’s unprecedented four-term presidency, the amendment was designed to ensure that no one individual could dominate American executive power indefinitely.

Donald Trump, having served one full term from 2017 to 2021, and now seeking a second non-consecutive term in 2024, would be constitutionally barred from a third term — whether back-to-back or not. Yet, the “Trump 2028” line suggests either a fundamental misunderstanding of the Constitution or, more alarmingly, an effort to undermine it through public persuasion.

“I’m not sure if this is performance art, political trolling, or a genuine campaign teaser,” said Dr. Elaine Marshall, a constitutional law professor at Georgetown University. “But either way, marketing a third term is a serious distortion of constitutional principles. If it’s a joke, it’s one made at democracy’s expense.”

"Rewrite the Rules"

Perhaps the most eyebrow-raising item in the collection is a dark navy cap embroidered with the phrase: “Rewrite the Rules — Trump 2028.” The slogan appears to flirt with authoritarian themes, pushing the idea that foundational democratic norms can and should be changed to accommodate one individual’s political aspirations.

Supporters argue it's “just merchandise” and point to the long-standing tradition of provocative political gear. Some see it as a way to fundraise for Trump's current 2024 campaign or legal defenses, as he continues to face mounting legal troubles. However, opponents warn that the repeated blurring of constitutional lines, even in jest, desensitizes the public to dangerous ideas.

“It’s not the merchandise itself — it’s what it normalizes,” said Jennifer Lopez (no relation to the singer), director of a nonpartisan democracy watchdog group in Washington, D.C. “When a twice-impeached former president who already tried to overturn an election begins joking — or not joking — about a third term, we should all pay attention.”

A Fundraising Ploy Amid Legal Peril?

Many analysts suggest the merchandise is more about money than politics. Trump is currently burdened with tens of millions in legal fees stemming from civil fraud judgments, defamation lawsuits, and ongoing criminal investigations. His campaign has reportedly been burning through cash at a rate that outpaces donations.

The “Trump 2028” gear, priced well above typical campaign merchandise — with hats going for $50 and shirts reaching $60 — appears to be a premium cash grab wrapped in controversy. The gamble: stir the pot, rally the base, and rake in donations disguised as merchandise sales.

“It’s not about 2028,” says former GOP strategist Marcus Harlan. “It’s about now. Trump needs money, and this kind of bait keeps the media talking, his supporters buying, and the cash flowing.”

Yet, critics say the ends don’t justify the means.

“Using constitutional defiance as a branding tactic is reckless,” said Harlan. “Even if he never intends to run in 2028, he's laying the groundwork for delegitimizing the rule of law — again.”

Subtle Signals or Strategic Messaging?

While the campaign has not officially commented on the “Trump 2028” items, insiders close to Trump suggest the former president finds the controversy amusing. One unnamed adviser reportedly said Trump views the gear as “a clever way to get under the media’s skin,” calling it “part of the show.”

But others see darker intentions. “He’s testing the waters,” said political psychologist Dr. Marla Greene. “This isn’t about 2028, per se — it’s about softening the public to authoritarianism, the idea that rules don’t apply to him. The more it’s said, worn, or joked about, the more some people start to believe it’s possible.”

Could He Actually Try?

Legally, Trump cannot be elected again after a second term. However, some online theorists have floated fringe scenarios: Could he serve as Speaker of the House and ascend to the presidency through succession? Could he run as vice president and replace a resigned president? Constitutional experts widely dismiss these ideas as either unworkable or plainly illegal.

“The Constitution is not a choose-your-own-adventure book,” said Prof. Marshall. “There is no credible pathway for a third Trump presidency. But that doesn’t mean he won’t claim one.”

The Real Danger

While the merchandise itself is not illegal, the broader implications are deeply troubling. In a time of political polarization and democratic backsliding globally, what once seemed unthinkable — a president defying constitutional limits — now seems not only possible but marketable.

Historians warn that democracies often don’t collapse in a single moment. Instead, they are chipped away gradually, through the normalization of undemocratic ideas, the erosion of norms, and the apathy of the public.

“We should be asking why this is even being tolerated,” said Lopez. “If this were happening in another country, we’d call it a warning sign. So why not here?”

Final Thoughts

Trump’s "2028" merchandise may be the latest in a long line of provocations, but its implications reach far deeper. Whether it's a clever grift, a political distraction, or a signal of serious intent, the message is the same: rules are flexible, and power is personal.

In the long arc of American democracy, even jokes can become precedents — and precedents can become problems. As Trump tests the limits of political speech and constitutional norms once again, the question remains: how long can the guardrails of democracy hold?