Amid growing concerns about President Donald Trump’s mental wellness and controversial actions, several lawmakers are calling for the invocation of the 25th Amendment to remove him from office.
This provision of the US Constitution, which has never been used to remove a sitting president, is at the center of a heated debate following Trump's recent comments about Greenland and his frustration over not winning the Nobel Peace Prize.
On January 18, President Trump sent a text message to Norwegian Prime Minister Jonas Gahr Støre, suggesting that the US should take control of Greenland because he had not been awarded the Nobel Peace Prize.
In the message, the 79-year-old wrote: "Considering your Country decided not to give me the Nobel Peace Prize for having stopped 8 Wars PLUS, I no longer feel an obligation to think purely of Peace, although it will always be predominant, but can now think about what is good and proper for the United States of America," per Reuters.
This text has been described as a “last straw” by many of Trump’s opponents, with some Democrats now calling for the invocation of the 25th Amendment to remove him from office.
Rep. Yassamin Ansari (D-Arizona), Sen. Ed Markey (D-Massachusetts), and Rep. Sydney Kamlager-Dove (D-California) all joined the chorus, demanding that Trump’s Cabinet and Congress take action, USA Today reported.
“The president of the United States is extremely mentally ill and it’s putting all of our lives at risk,” Ansari wrote on social media.
“The 25th Amendment exists for a reason - we need to invoke it immediately.”
Understanding the 25th Amendment
The 25th Amendment, ratified in 1967, was designed to address presidential succession and the process for removing a president who is deemed unfit to fulfill their duties.
It consists of several sections that outline what happens if a president becomes incapacitated, per Newsweek.
Section 1: Establishes that if the president leaves office due to death, resignation, or removal, the vice president becomes the president. It also provides a process to fill the vice president’s position if vacant.
Section 3: Allows a president to willingly transfer power to the vice president if they are temporarily unable to perform their duties, such as undergoing surgery or medical treatment. This section has been used multiple times by presidents undergoing medical procedures.
Section 4: This section allows the vice president, along with a majority of the president’s Cabinet, to declare the president "unable" to perform their duties.
In such a case, the vice president would immediately become acting president, though the president would remain in office without authority.
If the president challenges this, Congress must hold a vote within 21 days to determine whether the vice president can continue to act as president.
Could the 25th Amendment Be Used Against Trump?
While the 25th Amendment theoretically provides a mechanism for removing any sitting president, the bar for invoking Section 4 is high.
Legal experts such as Cornell Law and the Congressional Research Service have noted that for the amendment to be enacted, the vice president and the majority of the president’s Cabinet would need to agree that the president is incapable of performing their duties.
So far, no Cabinet members have expressed support for invoking the 25th Amendment against Trump.
Cabinet officials such as the Secretary of State, Secretary of Defense, and Attorney General have not shown any inclination to take action, despite the calls from Trump’s political opponents.
Additionally, what qualifies as "unable" to serve remains a complex issue. Yale Law School experts argue that subjective traits like being "inept" or "lazy" would not meet the threshold for invoking Section 4, based on historical precedents.
Even if the Cabinet were to sign off on removing Trump, he could contest the action by declaring in writing that he can resume his duties.
Congress would then have 21 days to vote on the matter. If two-thirds of both the House and Senate agree, the vice president would remain in power. If Congress does not agree, the president would be reinstated.
Has the 25th Amendment Ever Been Used?
The 25th Amendment, particularly Section 4, has never been invoked to remove a president.
However, other sections of the amendment have been used.
For example, Sections 1 and 2 were activated during Richard Nixon’s presidency when Vice President Spiro Agnew resigned, and Gerald Ford was appointed as vice president.
Ford later became president after Nixon resigned due to the Watergate scandal.
Section 3 has also been used formally by Presidents Ronald Reagan and George W. Bush when they temporarily transferred power to their vice presidents while undergoing medical procedures.
The Greenland Controversy and Growing Calls for Action
The president's recent comments about Greenland have amplified political opposition and calls for action.
For months, Trump has expressed interest in acquiring the self-governing territory of Denmark. His repeated references to Greenland, including the recent message to Norway, have drawn backlash, with critics accusing him of reckless diplomacy and further destabilizing international relations.
Despite Democratic lawmakers saying that the president's behavior is unsuitable for office, Trump’s White House spokesperson, Anna Kelly, defended his actions.
"Many of this president’s predecessors recognized the strategic logic of acquiring Greenland, but only President Trump has had the courage to pursue this seriously," she said.
"As the president said, NATO becomes far more formidable and effective with Greenland in the hands of the United States, and Greenlanders would be better served if protected by the United States from modern threats in the Arctic region," she added.