Camilla Jessen
How the 25th Amendment could remove a US president.
The latest controversy surrounding Donald Trump has reignited debate over an obscure but powerful constitutional mechanism.
After a provocative message to a European leader, critics are again asking whether there is a way to remove a president without going through impeachment.
Legal experts say the answer exists on paper, but using it would be extremely difficult in practice.
Greenland dispute
Attention returned to the 25th Amendment after Trump sent a letter to Norwegian Prime Minister Jonas Gahr Støre, reiterating that the United States needs “complete and total control over Greenland.”
In the letter, Trump also said he no longer felt obligated to think “exclusively about peace” and complained that Norway did not award him the Nobel Peace Prize, a decision made by an independent committee.
The comments drew sharp criticism, particularly as Greenland is an autonomous territory within the Kingdom of Denmark, a fellow NATO member.
Trump has repeatedly argued that the island is vital to U.S. security and has refused to rule out military force, a scenario experts warn would shatter the NATO alliance.
Calls from Democrats
Following the letter, several Democrats called for invoking the 25th Amendment, which allows a president to be removed if deemed unfit to perform the duties of the office.
Representatives Yassamin Ansari and Sydney Kamlager-Dove, along with Senator Ed Markey, publicly raised the possibility.
Since returning to office a year ago, Trump has intensified rhetoric about annexing Greenland, drawing renewed scrutiny of constitutional safeguards meant to restrain presidential power.
What the amendment says
The 25th Amendment was ratified in 1967 after the assassination of John F. Kennedy. It was designed to address presidential incapacity, particularly medical emergencies.
Section 4 allows the vice president and a majority of the cabinet to declare that the president is unable to discharge the duties of office.
The vice president then becomes acting president.
If the president contests the move, Congress must decide, requiring a two-thirds vote in both the House and Senate to remove him.
Legal limits
Mark Graber, a law professor at the University of Maryland, Baltimore, told Newsweek that the amendment was intended for cases of medical incapacity, such as unconsciousness.
He said Trump’s behavior may be politically disqualifying to some, but does not meet the legal threshold envisioned by the amendment.
Brian Kalt of Michigan State University said it was unlikely Trump’s cabinet would see the Greenland comments as justification to act, noting that the decision rests entirely with those closest to the president.
Experts agree the amendment is unlikely to be used.
However, Trump could still face impeachment pressure. Republican Representative Don Bacon of Nebraska warned that attempting to take Greenland by force could end Trump’s presidency, saying Republicans would not tolerate such an action.
Sources: Newsweek
