How the 25th Amendment would work against Trump amid his Iran belligerence

Politically diverse voices have raised the prospect of using the 25th Amendment to sideline President Donald Trump as he brings us to the brink of World War III.

Whatever the likelihood of such a move, you might wonder: How would that constitutional process play out?

Section 4 of the amendment gives the vice president and a majority of the Cabinet (or another body designated by Congress) the power to declare that the president “is unable to discharge the powers and duties of his office.” If such a declaration is made here, then Vice President JD Vance would, as the amendment says, “immediately assume the powers and duties of the office as Acting President.”

But that would not end the matter. Section 4, which has never been invoked, goes on to give the president the power to then tell Congress that he’s able to serve. In that case, he regains the office unless the vice president and a majority of the Cabinet (or another body designated by Congress) say he’s unable to serve. If that happens, then it’s up to Congress to decide, with the amendment requiring a two-thirds vote in both chambers, that the president is “unable to discharge the powers and duties of his office.” If Congress makes that determination, the vice president continues acting as president; otherwise, the president resumes serving.

So, although the initial action can come from the White House, Congress ultimately has a role to play, and Republicans control both chambers.

Discussion of the amendment surfaced during Trump’s first term, too. For example, following the Jan. 6 insurrection, his vice president at the time, Mike Pence, whom Trump supporters said they wanted hanged, declined to invoke it.

The 25th Amendment is distinct from impeachment, which would seem to more naturally fit a situation of a president abusing his power, though it might not provide as quick a removal as the 25th Amendment could. Impeachment requires a majority of the House to vote to impeach and two-thirds of the Senate to vote to convict. Again, the GOP controls both chambers.

Therefore, like the 25th Amendment, impeachment leaves the fate of the country to a Republican party and congressional majority that has been subservient to this president.

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