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What is 25th Amendment and why using it against Trump may not be easy

What is 25th Amendment and why using it against Trump may not be easy

File photo of Donald Trump for representation Photograph: (AFP)

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The 25th Amendment provides a process for removing a president deemed unfit. It requires Vice Presidential and Cabinet support, plus a difficult two-thirds Congressional majority, making it politically and legally improbable.

Amid rising tensions in West Asia following the collapse of peace talks between the United States and Iran, renewed calls have emerged in Washington to invoke the 25th Amendment against US President Donald Trump. However, constitutional experts and political observers suggest that such a move remains highly unlikely under current conditions.

The 25th Amendment to the US Constitution, ratified in 1967 in the aftermath of the assassination of John F Kennedy, was designed to ensure continuity of leadership in cases of presidential death, resignation or incapacity. It lays out clear procedures for the transfer of power and the line of succession within the executive branch.

What does it say?

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The amendment includes provisions for both voluntary and involuntary transfer of presidential authority. Section 3 allows a president to temporarily hand over powers to the vice president during periods of medical incapacity, a mechanism that has been used during routine medical procedures.

More controversially, Section 4 provides a pathway for involuntary removal. Under this clause, the vice president, currently JD Vance, along with a majority of the cabinet, must formally declare that the president is “unable to discharge the powers and duties” of the office. In such a scenario, the vice president immediately assumes the role of acting president.

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However, the process does not end with that declaration. The president has the right to contest the move, which would trigger a constitutional process requiring a two-thirds majority in both chambers of Congress to uphold the removal. This high threshold makes the provision exceptionally difficult to enforce.

Despite criticism from figures such as former CIA director John Brennan, there has been no indication of support within the administration for invoking Section 4. Both the vice president and members of the cabinet would need to initiate the process, and there is little evidence of willingness to challenge the president internally.

The political arithmetic in Congress also presents a major obstacle. Any effort to sustain the removal would require significant backing from Republican lawmakers, many of whom continue to support Trump. Previous attempts to remove him through impeachment during his first term failed to secure the necessary bipartisan consensus.

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Gulshan Parveen

Passionate about international politics and social issues, Gulshan analyses key global events, from geopolitical conflicts and US politics to international diplomacy and social mov...Read More