What the 25th Amendment allows and how it could apply to Donald Trump

A number of Democratic lawmakers are calling for transferring presidential authority from U.S. President Donald Trump using the 25th Amendment of the U.S. Constitution.

According to PBS News, U.S. Representatives Melanie Stansbury of New Mexico and Yassamin Ansari of Arizona, as well as Sen. Chris Murphy from Connecticut, are urging Trump’s Cabinet to consider using the 25th Amendment after the most recent threats by Trump aimed at Iran.

But what is the 25th Amendment, and how does it work? It’s more complicated than you might think.

The story behind the 25th Amendment

According to the Bipartisan Policy Center, the 25th Amendment to the U.S. Constitution, ratified in 1967, was designed to ensure continuity of leadership in moments of presidential crisis—particularly when a president is unable to perform the duties of the office.

While it is often discussed as a mechanism for removing a president, the amendment actually outlines a number of ways in which presidential power can be transferred, either temporarily or, in rare cases, effectively permanently.

Sections 1 and 2 of the 25th Amendment outline what happens if the sitting president passes away, resigns, or is removed, as well as how a new vice president is nominated by the president and confirmed by Congress.

In the following, we focus on Sections 3 and 4, which outline the voluntary, involuntary, and indirect transfer of power.

Voluntary transfer of power (Section 3)

The most straightforward and least controversial method is found in Section 3 of the amendment. This provision allows the president to voluntarily declare, in writing, that they are unable to discharge the powers and duties of the office.

Once this declaration is sent to congressional leaders, the vice president immediately becomes “acting president.”

Although this method does not “remove” a president in the traditional sense, it does temporarily strip them of presidential authority.

As an example, former President Joe Biden invoked Section 3 in November 2021 to undergo a brief medical procedure.

Involuntary transfer of power by the Vice President and Cabinet (Section 4)

Section 4 is the most dramatic and frequently discussed provision of the 25th Amendment. It allows the vice president, together with a majority of the Cabinet (or another body designated by Congress), to declare that the president is unable to perform the duties of the office.

Once this declaration is delivered to Congress, the vice president immediately assumes the role of acting president. This process is designed for situations where the president is incapacitated but unwilling or unable to acknowledge it—such as severe illness, injury, or mental impairment.

However, the president can contest this declaration. If they do, Congress must resolve the dispute. To keep the vice president in power, a two-thirds majority in both the House and Senate is required. Otherwise, the president regains authority.

Section 4 has never been invoked, largely because of its political and constitutional complexity.

Indirect removal through sustained incapacity under Section 4

While Section 4 technically creates a temporary transfer of power, it can function as a de facto removal mechanism if the president remains unable to serve and Congress repeatedly upholds that determination. In such a scenario, the vice president continues indefinitely as acting president.

This is not the same as impeachment or formal removal from office—the president still holds the title—but in practical terms, they are stripped of all governing authority.

The amendment intentionally sets a high bar for this outcome, requiring agreement from both the executive branch (vice president and Cabinet) and a supermajority of Congress.

Sources: Bipartisan Policy Center, PBS News, Time Magazine

This article is made and published by Jens Asbjørn Bogen, who may have used AI in the preparation