After controversial remarks by President Donald Trump, Democratic lawmakers have renewed calls to invoke the 25th Amendment. This explainer breaks down what the amendment does, how Section 4 works, why it has never been used, and why removing a sitting president through this mechanism remains legally and politically unlikely.
Calls for using the 25th Amendment against President Donald Trump have come up again. This follows reports that he sent a message to Norway’s prime minister, linking U.S. plans for Greenland to his frustration about not getting a Nobel Peace Prize. Several Democratic lawmakers found the message troubling and questioned Trump’s ability to stay in office. This revived discussions about a constitutional process that has never been used to remove a president.
The 25th Amendment, ratified in 1967 after the assassination of President John F. Kennedy, aimed to clarify what happens when a president is unable to fulfill their duties. Although it is often referenced in politics, its most significant part—Section 4—has never been used.
The amendment consists of four sections. Sections 1 and 2 cover succession and vice-presidential vacancies. They were applied during the Watergate scandal, when Gerald Ford took over for Vice President Spiro Agnew and then became president after Richard Nixon resigned.
Sections 3 and 4 address presidential inability. Section 3 allows a president to temporarily transfer power to the vice president by declaring an inability to serve, usually during medical procedures. This provision has been used multiple times, including by Ronald Reagan, George W. Bush, and Joe Biden.
Section 4 is the most controversial and complex. It permits the vice president, along with a majority of the Cabinet or another group designated by Congress, to declare that the president cannot perform the powers and duties of the office. Once this declaration is sent to Congress, the vice president immediately becomes acting president.
It’s important to note that the president is not removed entirely. The president can contest the declaration and resume authority by stating in writing that no inability exists. If the vice president and Cabinet disagree, Congress must decide the matter. A two-thirds vote in both the House and the Senate is needed to keep the vice president in control. If that vote does not happen, the president returns to power.
Legal scholars point out that the amendment intentionally leaves terms like “unable” and “inability” undefined. This ambiguity allows for flexibility in extreme cases like severe illness, incapacitation, or national emergencies. However, most experts agree that controversial behavior, erratic speech, or unpopular decisions alone probably do not meet the standard.
Using Section 4 against Trump faces significant practical challenges. Vice President JD Vance and Trump’s Cabinet have shown no interest in pursuing such action. Without their support, the amendment cannot move forward. Even if invoked, the process would likely lead to a political and legal struggle that requires strong congressional agreement.
Historically, Section 4 has never been used, even during presidential crises like the Nixon administration. Its presence acts more as a safeguard than a common tool for removal.
Could the 25th Amendment be used against Trump?
After controversial remarks by President Donald Trump, Democratic lawmakers have renewed calls to invoke the 25th Amendment. This explainer breaks down what the amendment does, how Section 4 works, why it has never been used, and why removing a sitting president through this mechanism remains legally and politically unlikely.
While Democratic lawmakers believe Trump’s actions raise serious issues, constitutional experts warn that the 25th Amendment was not meant to resolve political disagreements. It remains an exceptional measure reserved for cases in which a president is clearly and undeniably unable to govern.