Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

surfered

(13,583 posts)
Mon Apr 6, 2026, 11:48 AM Monday

Why the 25th Amendment will probably not be invoked for Trump

In a must read post by Amaryllis, Miles Taylor says there were serious discussions by Trump’s cabinet in 2018 to invoke the 25th Amendment. He also explains the problems with that process.

https://www.democraticunderground.com/100221151682

Here’s the money quote:

“Let me explain. The Twenty-Fifth Amendment, as codified in 1967, allows the vice president and a majority of the heads of the fifteen executive departments to declare the president unfit and strip him of his powers, but Congress can reverse the determination within twenty-one days. Back then, a reversal was likely. It’s even more likely today. The GOP House and Senate would never cross this president so brazenly, regardless of the imminent mortal danger he might pose to the republic or how mentally impaired he might be.”

Republicans aren’t going to save us.

34 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Why the 25th Amendment will probably not be invoked for Trump (Original Post) surfered Monday OP
3 word explanation: Republicans are cowards ck4829 Monday #1
You spelled "complicit" wrong. GoCubsGo Monday #9
The 25th was meant for situations where the president was "out of action" Takket Monday #2
+1 Shrek Monday #6
What is your evidence of this? spooky3 Monday #11
because look at how the 25th is removed after it is invoked Takket Monday #23
But that's simply your view, not the language of the amendment. spooky3 Monday #24
2/3rds of the House and 2/3rds of the Senate will NOT vote to say he is unfit Celerity Yesterday #34
Lawrence O'Donnell disagrees. spooky3 Yesterday #31
On the other hand, Turbineguy Monday #3
We will have to wait for the midterms RainCaster Monday #4
I keep asking the question. Why don't we have a method to stop the madness? yellow dahlia Monday #5
We do. Greg_In_SF Monday #12
Relying on one thing; "elections" is not the best way to go about this, when it comes to stopping madmen ck4829 Monday #29
We definitely need more methods than just elections, that's for sure ck4829 Monday #28
Especially elections that can be rigged. yellow dahlia Monday #30
Highly unlikely mikewv Monday #7
Impeachment is actually easier from a numbers standpoint tinrobot Monday #18
Yes and it should have happened mikewv Monday #19
The word at the time was ITAL Monday #25
Coup de tete Johnny2X2X Monday #8
Even if this particular president weren't dangerously insane Ocelot II Monday #10
Vance has toadies? Who knew. I thought everyone hated him. unblock Monday #14
There are plenty of ambitious people around who would be eager to be a toady's toady. Ocelot II Monday #15
Interestingly, the skills set needed to be a good (well, let's say 'effective') dictator unblock Monday #17
Removal by impeachment is much easier, and even that ain't happening. unblock Monday #13
The majority of department heads are as crazy as he is. Sneederbunk Monday #16
Who ever thought this was a possibility? BlueTsunami2018 Monday #20
Cowards and Complicit since 2016 RANDYWILDMAN Monday #21
He's been firing his cabinet members. Rumors are he wants to fire more. Intractable Monday #22
The Republican party is complicit bob4460 Monday #26
So what do we do? He's becoming increasingly unhinged and drunk with power. Initech Monday #27
Should I hold my breath and wait for bootlicking nazi halfwits to act like decent human beings? struggle4progress Yesterday #32
This clown cabinet isn't going to bring the 25th on Krasnov. GoodRaisin Yesterday #33

Takket

(23,723 posts)
2. The 25th was meant for situations where the president was "out of action"
Mon Apr 6, 2026, 11:54 AM
Monday

Like “he just had a heart attack and is in surgery”

It is not a realistic tool for “the president is a crazy motherfucker”, nor was it really meant to be. That’s what impeachment is for.

The 25th amendment is a fantasy that people really need to let go.

Shrek

(4,429 posts)
6. +1
Mon Apr 6, 2026, 12:00 PM
Monday

All Trump has to do is write a note saying "Don't listen to these LOSERS I am AWESOME at discharging my Duties thank you for your Attention to this Matter!!!!!" and it's all over.

spooky3

(38,674 posts)
11. What is your evidence of this?
Mon Apr 6, 2026, 12:09 PM
Monday

The language of the amendment does not specify physical vs mental capacity or contain a time limit as you are describing.

And, an explanation of the amendment includes this: “Section 4 might be invoked when the President is unable or unwilling to declare that he is incapacitated.” To me, “unwilling” implies a psychological basis for taking action.

https://constitution.congress.gov/browse/essay/amdt25-1/ALDE_00013871/#:~:text=Vacancy%20and%20Disability-,Twenty%2DFifth%20Amendment,Vice%20President%20shall%20become%20President.

I agree that it’s unlikely to be used, but that’s because his cabinet is too feckless to do it.

Takket

(23,723 posts)
23. because look at how the 25th is removed after it is invoked
Mon Apr 6, 2026, 04:12 PM
Monday

even if his feckless cabinet actually invoked it, all drumpf has to do is send congress a letter that he's fine and the 25th's power to make Vance president is removed. keeping it in place requires 2/3rds of both houses which is an actual higher threshold than impeachment and removal.

if this was meant to be a tool to remove an unfit president than drumpf's wouldn't basically have veto power over his cabinet and VP.

spooky3

(38,674 posts)
24. But that's simply your view, not the language of the amendment.
Mon Apr 6, 2026, 04:21 PM
Monday

The point is that there is a mechanism to remove a mentally unfit Pres. and there is no distinction made for physical or mental issues or any based on duration, which you first argued.

It was (like other aspects of Constitutional change) designed to be hard to implement, presumably so that the removal process can’t be abused on political grounds. And, as with the amendment process, the Founders didn’t count on the government’s being controlled by awful partisans and big money.

The problem is the cowardice/greed of the people whose job it is to implement it.

Celerity

(54,490 posts)
34. 2/3rds of the House and 2/3rds of the Senate will NOT vote to say he is unfit
Tue Apr 7, 2026, 02:31 AM
Yesterday
https://constitution.congress.gov/browse/essay/amdt25-1/ALDE_00013871/

snip

Section 4:

Whenever 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, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.

Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.

Turbineguy

(40,103 posts)
3. On the other hand,
Mon Apr 6, 2026, 11:56 AM
Monday

the 25th is a great way for trump to escape from the mess he's in. If he's not fit to be president, he can claim to be unfit to stand trial. Let alone be punished.

RainCaster

(13,745 posts)
4. We will have to wait for the midterms
Mon Apr 6, 2026, 11:56 AM
Monday

Once again, it will be up to the Democrats to save our country. We need to remind them about that for the next 50 years.

ck4829

(37,857 posts)
29. Relying on one thing; "elections" is not the best way to go about this, when it comes to stopping madmen
Mon Apr 6, 2026, 08:38 PM
Monday

It's certainly not the worst thing in the world, I mean, it's almost as bad as as the job market, not quite there, but still...

mikewv

(263 posts)
7. Highly unlikely
Mon Apr 6, 2026, 12:00 PM
Monday

A two-thirds majority vote in both the House and the Senate is required to keep the VP as Acting President; otherwise, the President remains in office. Which means 75 house republicans would have to join all the democrats in voting and in the senate 20 republicans would have to join all of the democrats.

tinrobot

(12,069 posts)
18. Impeachment is actually easier from a numbers standpoint
Mon Apr 6, 2026, 02:02 PM
Monday

25th is half the cabinet and 2/3 of both houses to keep him out.

Impeachment is only half the House and 2/3 of the Senate.

mikewv

(263 posts)
19. Yes and it should have happened
Mon Apr 6, 2026, 02:48 PM
Monday

in his first two impeachments trials. In Feb 2021, 7 repubs joined all of the democrat caucus. 57-43. If MCturtle would have voted to convict, I think more repubs would have come along but who knows. By the way Mitch, how did the courts do? You rationalized your vote to not convict that it should be up to the courts.

ITAL

(1,341 posts)
25. The word at the time was
Mon Apr 6, 2026, 04:25 PM
Monday

McConnell did a straw poll of sorts and was going to vote to convict if enough of his party had shown a willingness to. But since not enough seemed to lean that way, he wasn't going out on a limb to given it might spur a leadership challenge after the trial failed.

Johnny2X2X

(24,255 posts)
8. Coup de tete
Mon Apr 6, 2026, 12:02 PM
Monday

So it could happen, but not because he's too crazy, but because he jeopardizes Project 2025's mission. In other words, Vance would make a move on him, but only if he saw him as a threat to Project 2025, not because he's a threat to our Democracy and world peace.

Ocelot II

(130,674 posts)
10. Even if this particular president weren't dangerously insane
Mon Apr 6, 2026, 12:08 PM
Monday

Last edited Mon Apr 6, 2026, 01:09 PM - Edit history (1)

to the point where the WH officials during his first reign of terror were afraid that he'd have them killed if they tried to do #25 on him, the whole mechanism is cumbersome and was clearly designed for a situation where a president was (probably temporarily) incapacitated and someone had to take over for a period of time until he either recovered or didn't. Another reason why it won't work this time is that even if the cabinet members weren't afraid of mortal consequences, they wouldn't vote to remove Trump because they know Vance would promptly sack them in order to install his own toadies.

unblock

(56,211 posts)
14. Vance has toadies? Who knew. I thought everyone hated him.
Mon Apr 6, 2026, 12:44 PM
Monday

Maybe he'll make Ted Cruz his veep. Finally, a ticket to unite the nation, two politicians no one likes....

Ocelot II

(130,674 posts)
15. There are plenty of ambitious people around who would be eager to be a toady's toady.
Mon Apr 6, 2026, 12:50 PM
Monday

Vance himself has always been a toady, but an ambitious one. He'll get lots of applicants to fluff the pillows on his couch and stand by with the spot remover.

unblock

(56,211 posts)
17. Interestingly, the skills set needed to be a good (well, let's say 'effective') dictator
Mon Apr 6, 2026, 01:54 PM
Monday

is actively spurned by a dictator currently in power. Anyone capable of being an effective dictator would be a threat, so dictators surround themselves with people who are not merely toadies, but who are unambituous and/or inept enough to not be a threat.

I see Vance as ambitious in his aspirations, but I don't see him as willing or able to do the things needed. He's just doing the obvious thing, reading the obits every day.

unblock

(56,211 posts)
13. Removal by impeachment is much easier, and even that ain't happening.
Mon Apr 6, 2026, 12:37 PM
Monday

Removal by impeachment required simple majority in the house and 2/3rds of the senate.

Removal by 25th amendment requires vpotus, half the cabinet, and 2/3rds of *both* houses.

It's really only meant for a president in a long-term coma or a stroke severe enough that they he can't communicate.

But a long as his cabinet can say "I think he said 'drakarys'," they'll burn it all down rather than remove him..

BlueTsunami2018

(5,001 posts)
20. Who ever thought this was a possibility?
Mon Apr 6, 2026, 02:58 PM
Monday

There was never a chance this would happen. Explaining the intricacies of the 25th is pointless. He’s not leaving any time soon, if ever, unless he drops dead.

Even seeing what’s going on, I really don’t think people truly understand the situation we’re in. These people are fascists. That’s not hyperbole, that’s not doom and gloom, that’s the truth. They’re fascists. And fascists do not give up power. You have to force them out.

Intractable

(2,198 posts)
22. He's been firing his cabinet members. Rumors are he wants to fire more.
Mon Apr 6, 2026, 03:07 PM
Monday

His cabinet is terrified of him. They will not move against him.

They see what happened to Noem and Bondi. You don't just get fired, you get humiliated by the entire MAGA movement.

bob4460

(395 posts)
26. The Republican party is complicit
Mon Apr 6, 2026, 04:30 PM
Monday

With the raping and pillaging of the nation. Look at all the money that's been added to the deficit that has been added in just over a year.

Initech

(108,855 posts)
27. So what do we do? He's becoming increasingly unhinged and drunk with power.
Mon Apr 6, 2026, 04:31 PM
Monday

We can't just ride this out because it looks like they are going to do some incredibly evil shit.

struggle4progress

(126,287 posts)
32. Should I hold my breath and wait for bootlicking nazi halfwits to act like decent human beings?
Tue Apr 7, 2026, 01:01 AM
Yesterday

It's all so perplexing!

Latest Discussions»General Discussion»Why the 25th Amendment wi...