What is the 25th Amendment? When was it last invoked? Here's how it works

Amidst the United States' war with Iran and President Donald Trump's recent strongly worded social media posts, several lawmakers around the country have called for the president's removal from office.

Among those are former GOP Rep. Marjorie Taylor Greene and many members of the Republican Party, like Wisconsin Sen. Ron Johnson. Greene called for lawmakers to forcefully remove the president from office, invoking a never-before-used section of the 25th Amendment, which 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, posted on social media. "We cannot kill an entire civilization. This is evil and madness."

Activist Derrick Johnson, current CEO and president of NAACP, described Trump as "unfit, unwell, and unhinged," and claimed the behavior exhibited by the president is both alarming and dangerous.

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

What is the 25th Amendment?

The 25th Amendment to the U.S. Constitution outlines the rules of succession for the presidential office as well as those for presidential disability or removal.

The amendment was proposed in July 1965 and ratified in 1967, as a response to the assassination of President John F. Kennedy two years prior. It is split into four sections.

Sections one and two confirm the vice president would be the first to take office in case of a presidential office vacancy due to death, removal or resignation. The sections also clarify that in case a vice president takes office, the president nominates a new vice president, who then has to be confirmed by a majority vote in Congress. Previously, no vice president would be appointed until a new president took office.

Sections three and four refer to the process for removing the president based on inability or disability. The third section grants the president the right 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. The vice president, in this case, does not take office, only serving as acting president until the president declares in writing that they can return.

Unlike section three, section four refers to a forced discharge of power. According to the fourth section, the vice president and a "majority of either the principal officers of the executive departments or of such other body as Congress may by law provide," can issue a written declaration to Congress declaring the president incapable. If that is the case, the vice president immediately becomes the acting president. The president remains in office, with authority temporarily stripped.

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.

Has the 25th Amendment been invoked in the past?

The first three sections of the 25th Amendment have been invoked in the past, but section four has not.

Sections 1 and 2 were used during Richard Nixon's presidency in 1973 and 1974, during the Watergate scandal and Nixon's eventual resignation. Gerald Ford took the position of vice president after Spiro Agnew resigned from the role, and later replaced Nixon in the Oval Office. Nelson Rockefeller then filled the empty position of vice president.

Section 3 has been invoked four times, by three different leaders, all for short hours while the acting president underwent a colonoscopy.

When President Ronald Reagan went under general anesthesia for a colonoscopy in July 1985, he named Vice President George H.W. Bush as acting president for the hours he would be incapacitated. Bush was acting president from 11:28 a.m. until 7:22 p.m. 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 invoked Section 3 twice, in 2002 and 2007, leaving Vice President Dick Cheney as acting president for roughly 2 hours each time.

Most recently, President Joe Biden invoked Section 3 in 2021, making Vice President Kamala Harris the first woman in U.S. history to hold the powers and duties of the president for a little over an hour.

Could the 25th Amendment be used against Trump?

Yes, the 25th Amendment can be used by or against any sitting president, but 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 Vice President 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.

While several governors, representatives or lawmakers have spoken out in favor of the 25th Amendment being invoked, unless the vice president and Cabinet members agree, their voices are not enough.

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.

USA Today contributed to this story.

Isa Almeida is a trending reporter for The Oklahoman. Have a story idea for Isa? She can be reached at [email protected] or on X/Twitter at @ialmeidasports. Support Isa's work and that of other Oklahoman journalists by purchasing a digital subscription today at subscribe.oklahoman.com.