As scrutiny rises over President Donald Trump's rambling speeches and bizarre AI videos posted to his Truth Social platform, calls to invoke the 25th Amendment are growing — but there's a "deliberately high bar" to pass.
For the 25th Amendment to be invoked, Vice President JD Vance and a majority of the Trump cabinet must agree that Trump is unable to perform his duties as president, The Guardian reported Tuesday. And even if that happened, Trump could disagree.
That would force a vote in the House and the Senate, which would require a two-thirds majority to remove him. The move would be even more difficult than impeachment.
Using Section 4 of the 25th Amendment is specifically designed for when a president is “not just doing a bad job, but not doing anything at all — like can’t function,” Brian Kalt, a Michigan State University College of Law professor and the author of Unable: The Law, Politics, and Limits of Section 4 of the Twenty-Fifth Amendment, told The Guardian.
“It’s not just about protecting the president, although that is the most direct manifestation of it. It’s really about protecting the system of elections. So once the people elect a president, it’s supposed to be four years before they get to say anything again – their choice is respected, is put in place,” Kalt said.
In September, Rep. Madeleine Dean (D-PA) challenged Republicans, confronting House Speaker Mike Johnson (R-LA) about Trump's health.
“The president is unhinged. He is unwell,” Dean told Johnson in the exchange recorded by MSNBC.
"His reply was a strong indicator that there is zero appetite among Republicans to subject their leader to scrutiny," The Guardian reports.
“A lot of folks on your side are, too,” Johnson replied.