Camilla Jessen
What happens if a president refuses to leave.
As Donald Trump’s second term continues at a rapid and controversial pace, questions about the limits of presidential power are becoming increasingly urgent.
Critics argue that the scale and frequency of his actions have pushed the United States into unfamiliar territory, prompting renewed debate about how a sitting president could realistically be removed from office.
The standard process
In normal circumstances, the removal of a president is straightforward: voters decide at the ballot box. Presidents serve their term and either step aside or seek re-election, depending on constitutional limits.
In Trump’s case, this route is complicated by his repeated public comments about a possible “third term,” despite the Constitution clearly limiting presidents to two elected terms.
He has also continued to claim the 2020 election was stolen and has suggested future elections could be compromised.
These statements have fueled concern that the traditional democratic process itself could come under pressure.
Impeachment by Congress
The most familiar method of removing a president mid-term is impeachment.
The process begins in the House of Representatives, where a simple majority can impeach the president.
If impeachment passes, the Senate holds a trial to determine whether the president committed “high crimes and misdemeanors.” Conviction requires a two-thirds majority of senators, after which the president is removed from office.
Trump is already the only president to have been impeached twice, and both times he was acquitted by the Senate.
With current party divisions, securing the required Senate votes would be extremely difficult, even if impeachment were initiated again.
Midterm elections could shift the balance of power, but even then, conviction would remain a high bar.
The 25th Amendment
Another constitutional option is the 25th Amendment, which governs presidential incapacity.
Sections 1 and 3 allow a president to voluntarily transfer power to the vice president, either permanently or temporarily.
Section 4 is more dramatic. It allows the vice president and a majority of the cabinet to declare the president unable to carry out the duties of the office. Power would immediately transfer to the vice president as acting president.
However, the president can challenge that declaration. Congress must then vote, with a two-thirds majority in both the House and Senate required to uphold the removal.
This provision has never been used to permanently remove a president.
Succession complications
If a president is removed, there is no new election. Power passes automatically down the line of succession, starting with the vice president.
This reality complicates removal scenarios.
Critics argue that removing Trump could still leave power in the hands of political allies, raising questions about how much would actually change.
Some legal analysts have floated the idea of simultaneous removals after midterms, but such a move would be politically explosive and legally risky.
The unanswered question
Underlying all legal pathways is a more troubling issue: what happens if a president refuses to accept removal or defeat.
The US system relies heavily on precedent, norms, and voluntary compliance. January 6, 2021, demonstrated that those norms can be challenged.
While the Constitution outlines procedures, it does not clearly spell out enforcement if a president defies them.
Experts warn that in such a scenario, the country could face a constitutional crisis with no clear, peaceful resolution.
Sources: US Constitution, Congressional records, public statements by Donald Trump, Mirror
