Calls to invoke 25th Amendment grow as Trump tries to acquire Greenland. How does it work, and has it been used before?
A growing number of lawmakers are calling for the 25th Amendment to be invoked to remove President Trump from office after Trump told Norway’s prime minister that his position on purchasing Greenland is tied to not winning the Nobel Peace Prize and he no longer feels obligated to “think purely of Peace.”
The text message exchange happened on Jan. 18, when the Norwegian leader, Jonas Gahr Store, sent a text message to Trump on behalf of himself and the Finnish president, Alexander Stubb. The European leaders sent the message in an attempt to “deescalate” the increased conflict over Greenland and the latest tariff threat against the U.S.’s European allies.
In less than half an hour, Trump responded, writing, “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 think about what is good and proper for the United States of America.”
The Nobel Peace Prize is not awarded by the Norwegian government, but rather the Norwegian Nobel Committee. The five members of the committee are appointed by the country’s parliament.
Trump doubled down on his intentions to “purchase” Greenland, writing, “The World is not secure unless we have Complete and Total Control of Greenland. Thank you!” and signing it “President DJT.”
Democratic Sen. Ed Markey from Massachusetts is one of several members of Congress to call for Trump’s removal from office using the 25th Amendment. “Invoke the 25th Amendment,” Markey posted on X, along with a picture of a news headline of Trump’s unusual text message with Store. Additional Democratic House members, such as Reps. Eric Swalwell, Sydney Kamlager-Dove and Yassamin Ansari, have also called for the removal of Trump by invoking the 25th Amendment.
How did the 25th Amendment originate?
It dates back to 1963, when Vice President Lyndon B. Johnson became president after the assassination of John F. Kennedy. There was no plan in place to choose Johnson’s replacement, and there was concern about the procedure if he were to become ill or incapacitated before a new vice president could be named. In 1965, Congress formally proposed the 25th Amendment, and it became part of the Constitution in February 1967.
The 25th Amendment has four sections. The first three clarify the presidential order of succession and who can temporarily assume the president’s duties. Section 4 gets the most attention: It’s a multi-step process for the vice president and the Cabinet to declare that the president is “unable to discharge the powers and duties of his office.”
How would it work?
Invoking Section 4 of the 25th Amendment would require Vice President JD Vance and the majority of Trump’s Cabinet to submit a declaration to Congress that Trump isn’t able to discharge the powers and duties of his office. Doing so would mean an immediate transfer of presidential power to Vance, who would serve as acting president. Trump would have the chance to refute the declaration, which could then be challenged by his Cabinet. Congress would have 21 days from the date of receiving the declaration to formally approve any decision to remove Trump from office.
A two-thirds vote in both the House of Representatives and the Senate would be needed in order for Trump to be removed from office. Otherwise, he would regain his presidential powers.
Has the 25th Amendment been used before?
The first section of the 25th Amendment was invoked when Richard Nixon resigned from the presidency in 1974 and was replaced by his vice president, Gerald Ford. Section 2 was used when Gerald Ford, as president, nominated Nelson Rockefeller for vice president, and he was confirmed in the House and the Senate.
Section 3 was used in 1985 when Ronald Reagan underwent brief cancer surgery and Vice President George H.W. Bush assumed his responsibilities. In 2002 and 2007, George W. Bush invoked Section 3 when he underwent medical procedures, and then-Vice President Dick Cheney became acting president.
Section 4 has never been used because the process is so challenging. It’s more difficult to remove a president under the 25th Amendment using Section 4 than under the impeachment process.
What’s the difference between impeachment and invoking the 25th Amendment?
The purpose of seeking impeachment to remove a president from office is to address potential “treason, bribery, or other high crimes and misdemeanors.”
The House would require a simple majority to vote on Articles of Impeachment, which are formal written charges against a president. After a trial, the Senate would vote on whether to convict and remove the president from office, which requires a two-thirds vote. The Senate can vote in a separate proceeding to ban the president from holding future office, which would require a simple majority vote.
Trump was impeached twice during his first term in office. The first time was on Dec. 18, 2019, for initiating foreign interference in the 2020 presidential election, and the second was on Jan. 13, 2021, following the Jan. 6 attack on the U.S. Capitol. In each case, he was acquitted on all counts by the Senate and remained in office.
Should the movement grow to invoke the 25th Amendment to remove Trump due to incapacity or inability to perform presidential duties, invoking it would require a two-thirds vote in both the House and the Senate. The president would not be barred from holding future office.
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