ShowBiz & Sports Lifestyle

Hot

What is the 25th Amendment? Can it be used to remove Trump? What to know.

What is the 25th Amendment? Can it be used to remove Trump? What to know.

Mary Walrath-Holdridge, USA TODAYTue, April 7, 2026 at 5:34 PM UTC

2

Former GOP Rep. Marjorie Taylor Greene is among those in a fresh wave of lawmakers calling for President Donald Trump to be booted from office using a never-before-invoked provision of the Constitution.

Trump drew significant backlash from Democrats and members of his own party after he sent multiple social media posts threatening to escalate the war in Iran in early April. After an expletive-laced Easter Sunday post in which he threatened to blow up Iranian infrastructure, the president shared another message on Tuesday, April 7, saying that "a whole civilization will die tonight," alarming conservative leaders.

Former Rep. Greene went as far as to call on lawmakers to forcefully remove the president from office in an April 7 post on X, by invoking the constitutional amendment that allows the vice president and a majority of the Cabinet to declare the president unable to discharge the powers and duties of his office.

"25TH AMENDMENT!!! Not a single bomb has dropped on America," Greene, once a close Trump ally, said. "We cannot kill an entire civilization. This is evil and madness."

For the first time in its history, the NAACP also called for the amendment to be invoked in an April 7 statement that cited the President's "deteriorating health and increasingly delusional behavior."

"This president is unfit, unwell, and unhinged," said Derrick Johnson, President and CEO of the NAACP. "The rhetoric and behavior we are witnessing from Trump isn't just alarming, it's dangerous...Trump must be immediately removed from office."

Several Democrats previously called for the amendment to be used in January after the president sent a text to Norwegian Prime Minister Jonas Gahr Støre, saying the United States' plans to take control of Greenland stemmed from his not winning the Nobel Peace Prize.

Can the 25th Amendment actually be used to remove Trump? How likely is it to happen? Here's what to know.

Iran war live updates: Trump says a 'whole civilization will die tonight'

1 / 0Latest photos capture US and Israeli strikes against Iran

Smoke rises following an explosion, after Israel and the U.S. launched strikes on Iran, in Tehran, Iran, February 28, 2026.

What is the 25th Amendment?

The 25th Amendment to the U.S. Constitution lays out the rules of succession for the presidential office and those for presidential disability or removal.

The first two sections of the amendment clarify that the vice president is next in line to take over if the president vacates office due to death, removal or resignation. It also details how to fill the position of vice president if it becomes vacant; previously, no new vice president would be appointed until a new president took office. The amendment created a process in which the president nominates a new vice president, who then has to be confirmed by a majority vote in Congress.

The following sections outline a process for removing the president based on inability or disability. Section 3 allows the president to voluntarily transfer presidential power to the vice president temporarily through a written declaration saying they are unable to fulfill the presidency's powers and duties. In this case, the vice president does not become the president – they serve as the acting president until the president declares in writing that they can take back over. An example of when this may be used is the president planning to undergo a medical procedure.

Section 4 concerns the removal of a president who is unable or unwilling to perform their duties. In the case the president is incapable of serving but does not voluntarily transfer power, they can be declared unable to hold the position by the vice president, along with a "majority of either the principal officers of the executive departments or of such other body as Congress may by law provide."

If the vice president and Cabinet members issue a written declaration to Congress declaring the president incapable, the vice president immediately becomes the acting president. The president does remain in office in this case, though their authority is temporarily stripped. A 2018 Congressional Research Service report said that in a modern scenario, the majority of current or acting heads of 15 Cabinet positions would need to agree with the vice president to invoke the 25th Amendment.

Advertisement

The terms "unable" and "inability" were left intentionally broad, according to the National Constitution Center. Legal scholars have cited impeachment, physical disability or "political emergencies" like kidnapping as potential scenarios for the use of Section 4.

Reporters raise their hands to ask questions as U.S. President Donald Trump holds a press conference in the James S. Brady Press Briefing Room at the White House in Washington, D.C., U.S., April 6, 2026.Could the 25th Amendment be used against Trump?

Theoretically, the 25th Amendment can be invoked by or against any sitting president. However, the bar for clearing its use is much higher than for other actions like impeachment.

Modern interpretations from scholars at institutions like Cornell Law and the Congressional Research Service say the majority, if not all, of the acting Cabinet heads would need to sign on with the vice president to put Section 4 into action.

Neither JD Vance and nor any of the relevant Cabinet members (Secretary of State, Secretary of the Treasury, Secretary of Defense, Attorney General, Secretary of the Interior, Secretary of Agriculture, Secretary of Commerce, Secretary of Labor, Secretary of Health and Human Services, Secretary of Housing and Urban Development, Secretary of Transportation, Secretary of Energy, Secretary of Education, Secretary of Veterans Affairs and Secretary of Homeland Security) have expressed support for removing Trump or taking punitive action against him.

What qualifies as being "unable" to serve as the president is a sticking point when speaking about Section 4. Yale Law School, for example, said traits like "inept," "lazy," or "inattentive" aren't likely to be a basis alone, according to historic precedents.

Even if Vance and other Cabinet members were to sign a letter and send it to Congress, the president can take power back by declaring to Congress in writing that no inability exists. The vice president and Cabinet, or a special body formed by Congress, would then have to object.

Congress must convene within 48 hours of the 25th Amendment being invoked and have 21 days to make a decision. If the president makes a declaration that they are fit to serve and it is not contested, they resume duties. If the president makes such a declaration but is contested, two-thirds of the House and Senate must agree to allow the vice president to take over the role until the president is considered able to serve and can file another declaration after Congress votes on the question, according to the National Constitution Center.

Former Rep. Marjorie Taylor Greene (R-GA) is among GOP members pushing back against President Trump's social media posts about Iran. She called for Trump to be removed via the 25th Amendment after he posted that "a whole civilization will die tonight" if Iran does not concede to his orders.Has the 25th Amendment been used to remove a president before?

The 25th Amendment was proposed in 1965 and passed in 1967, driven largely by the assassination of President John F. Kennedy. Prior to its passage, nine presidents were at least temporarily incapacitated by health issues and six died, according to Britannica, creating questions around interim leadership and transfer of power.

Sections 1 and 2 of the amendment were activated during Richard Nixon's presidency in 1973 and 1974, when Vice President Spiro Agnew resigned and was replaced by Gerald Ford, who then replaced Nixon upon his resignation over Watergate. Nelson Rockefeller then filled the empty position of vice president.

Section 3 has been formally invoked twice and informally used a third time. President Ronald Reagan signed a letter mentioning that he was mindful of Section 3 before going under general anesthesia for a colonoscopy on July 12, 1985 and named Vice President George H. W. Bush acting president from 11:28 a.m. until 7:22 pm, when Reagan signed a letter saying he was ready to take back over. Though Reagan originally denied ever formally invoking Section 3, he underwent the steps outlined by it, according to Fordham Law Review, and later wrote in his memoir that he did, in fact, activate Section 3.

President George W. Bush handed temporary presidential power over to Vice President Dick Cheney before a colonoscopy on June 29, 2002 and again on July 21, 2007. Both times, Cheney was acting president for roughly two hours.

Biden also invoked Section 3 on Nov. 19, 2021, while undergoing a colonoscopy, making Vice President Kamala Harris the first woman to hold the powers and duties of the president in U.S. history for a little over an hour.

Section 4, the act of involuntary removal that Democratic leaders are likely referencing, has never been invoked.

This article originally appeared on USA TODAY: What is the 25th Amendment? Calls for Trump's removal over Iran threats

Original Article on Source

Source: “AOL Breaking”

We do not use cookies and do not collect personal data. Just news.