25th admendment and trump

Checked on February 4, 2026
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Executive summary

Calls to use the 25th Amendment to remove President Trump have resurfaced repeatedly in response to controversial statements and behavior, most recently after a text to Norway's prime minister about Greenland prompted senators like Ed Markey to urge invocation [1] [2]. Legally available but politically fraught, Section 4 of the Amendment would require Vice President J.D. Vance and a majority of Cabinet members to declare the president unable to discharge the powers of office and then withstand a two‑thirds congressional vote to make that removal permanent [3] [4].

1. What the 25th Amendment actually does and how Section 4 works

The 25th Amendment, ratified in 1967, clarifies presidential succession and provides both voluntary transfers of power and an involuntary mechanism: under Section 4 the vice president and a majority of the Cabinet can send a declaration to Congress that the president “is unable to discharge the powers and duties of his office,” making the vice president acting president immediately, after which Congress has up to 21 days to decide by two‑thirds votes in both houses whether that transfer stands [5] [3] [4].

2. Why lawmakers keep invoking it in Trump’s case

The Amendment’s use has been suggested repeatedly when observers conclude the president’s statements or actions jeopardize national security or reflect incapacity; after the Jan. 6, 2021 Capitol attack and during other moments, Democrats and some Republicans contemplated invoking Section 4 against Trump, and commentators and scholars have argued the provision exists precisely for manifest unfitness cases [5] [6] [7]. Most recently, Trump’s message tying interest in Greenland to not receiving a Nobel Peace Prize spurred renewed demands from figures such as Sen. Ed Markey and multiple Democratic House members to “invoke the 25th” [1] [2].

3. Has Section 4 ever been used—and what precedent matters here

Section 4 has never been invoked to remove a president; the Amendment has been used for temporary, voluntary transfers (Section 3) when presidents underwent medical procedures, and it clarified succession after JFK’s assassination but remains untested for involuntary removal [5] [8]. That absence of precedent raises legal and political uncertainties about standards of “disability,” who judges it, and what evidence suffices—questions scholars and lawmakers debated during earlier calls to use the provision [8] [9].

4. The political obstacles to removing Trump under the 25th Amendment

Even if Vice President Vance and a majority of Cabinet members agreed to submit a Section 4 declaration, the constitutional mechanism would immediately shift power but leave the ultimate decision to Congress, which would need two‑thirds majorities in both chambers to sustain removal—an outcome commentators and analysts say is unlikely given partisan alignments, making the practical prospects slim [3] [9] [4]. Political calculations also matter: calls for Section 4 have been framed by critics as urgent safety measures, while supporters of the president portray such moves as partisan or destabilizing, an implicit agenda that would shape Cabinet members’ willingness to act [6] [9].

5. Legal debates and alternative remedies

Legal scholars are split: some argue Section 4 is a legitimate constitutional safety valve to remove an unfit president and that it should be employed when warranted, while others warn about the risk of weaponizing the Amendment for political ends and insist impeachment, elections, or criminal proceedings are the appropriate remedies in many cases [7] [9]. Historically, proponents of using the Amendment against Trump have pointed to episodes they deem evidence of unfitness, whereas opponents emphasize the high political threshold and the dangers of setting a precedent for future partisan removals [6] [7].

6. Bottom line: constitutionally real, practically remote

The 25th Amendment provides a clear, constitutional path for involuntary removal under Section 4 and has been the subject of renewed calls regarding President Trump after specific incidents such as the Greenland text and prior Jan. 6 fallout [3] [1] [5]. Yet absent an unprecedented coalition of the vice president, a majority of Cabinet members, and bipartisan two‑thirds congressional support—conditions commentators and analysts consistently describe as unlikely—the mechanism remains legally available but politically remote [9] [4].

Want to dive deeper?
What evidence or standards have scholars proposed for proving 'inability' under Section 4 of the 25th Amendment?
How did House and Senate leaders respond to past calls to invoke the 25th Amendment after January 6, 2021?
What are the political and legal differences between invoking the 25th Amendment and pursuing impeachment?