Explained: What is the 25th Amendment of the US Constitution, that could be used to remove Trump?

25th Amendment US Constitution: In the aftermath of Donald Trump supporters storming the US Capitol, many have urged Vice President Mike Pence to invoke the 25th Amendment.

Supporters of President Donald Trump climb the west wall of the the US Capitol on Wednesday, Jan. 6, 2021, in Washington. (AP Photo: Jose Luis Magana)

In the immediate aftermath of Donald Trump supporters storming the US Capitol building, which houses both the US Senate as well as the House of Representatives, there are calls by many to either impeach President Trump or invoke the 25th Amendment.

What is the 25th Amendment of the US Constitution?

This amendment lays out how a US president and vice president may be succeeded or replaced.

According to Cornell Law School, “The Twenty-fifth Amendment was an effort to resolve some of the continuing issues revolving about the office of the President; that is, what happens upon the death, removal, or resignation of the President and what is the course to follow if for some reason the President becomes disabled to such a degree that he cannot fulfill his responsibilities.”

The amendment has four sections.

According to Encyclopedia Britannica, while the first section codified the traditionally observed process of succession in the event of the death of the president—that the vice president would succeed to the office—it also introduced a change regarding the ascent of the vice president to president should the latter resign from office.

“In the event of resignation, the vice president would assume the title and position of president—not acting president—effectively prohibiting the departing president from returning to office,” states Britannica.

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The second section of the amendment addresses vacancies in the office of the vice president.

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The third section of the amendment set forth the formal process for determining the capacity of the president to discharge the powers and duties of office.

If the president is able to declare his/her inability, then the vice president takes over as the acting president.

Donald Trump supporters try to break through a police barrier, Wednesday, Jan. 6, 2021, at the Capitol in Washington. (AP Photo: John Minchillo)

In case the president is unable to declare his/her incompetence, the fourth section of the amendment requires the vice president and the cabinet to jointly ascertain this and if they do so, then the vice president immediately assumes the position of acting president.

It is this fourth section of the 25th Amendment that many are asking Vice President Pence to invoke against President Trump.

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When was it introduced and has it been used in the past?

In the aftermath of the assassination of President John F. Kennedy, the 25th Amendment was proposed by Congress on July 6, 1965, and ratified by the states on February 10, 1967.

According to Cornell Law School, “The Watergate scandal of the 1970s saw the application of these procedures, first when Gerald Ford replaced Spiro Agnew as Vice President, then when he replaced Richard Nixon as President, and then when Nelson Rockefeller filled the resulting vacancy to become the Vice President.”

However, the fourth section of the 25th Amendment has never been invoked.

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Capitol police officers in riot gear push back demonstrators who try to break a door of the US Capitol on Wednesday, Jan. 6, 2021, in Washington. (AP Photo: Jose Luis Magana)

Why did Donald Trump supporters storm the Capitol?

Trump has repeatedly asserted, although without any valid evidence, that the presidential election in November, in which he lost to Democratic Party candidate Joe Biden, was rigged.

He has been urging his supporters to make their voices heard as members of the US Congress came together to confirm the counting of Electoral College votes and formally pave the way for Joe Biden to take over on January 20th.

Udit Misra

Udit Misra is Senior Associate Editor at The Indian Express. Misra has reported on the Indian economy and policy landscape for the past two decades. He holds a Master’s degree in Economics from the Delhi School of Economics and is a Chevening South Asia Journalism Fellow from the University of Westminster. Misra is known for explanatory journalism and is a trusted voice among readers not just for simplifying complex economic concepts but also making sense of economic news both in India and abroad. Professional Focus He writes three regular columns for the publication. ExplainSpeaking: A weekly explanatory column that answers the most important questions surrounding the economic and policy developments. GDP (Graphs, Data, Perspectives): Another weekly column that uses interesting charts and data to provide perspective on an issue dominating the news during the week. Book, Line & Thinker: A fortnightly column that for reviewing books, both new and old. Recent Notable Articles (Late 2025) His recent work focuses heavily on the weakening Indian Rupee, the global impact of U.S. economic policy under Donald Trump, and long-term domestic growth projections: Currency and Macroeconomics: "GDP: Anatomy of rupee weakness against the dollar" (Dec 19, 2025) — Investigating why the Rupee remains weak despite India's status as a fast-growing economy. "GDP: Amid the rupee's fall, how investors are shunning the Indian economy" (Dec 5, 2025). "Nobel Prize in Economic Sciences 2025: How the winners explained economic growth" (Oct 13, 2025). Global Geopolitics and Trade: "Has the US already lost to China? Trump's policies and the shifting global order" (Dec 8, 2025). "The Great Sanctions Hack: Why economic sanctions don't work the way we expect" (Nov 23, 2025) — Based on former RBI Governor Urjit Patel's new book. "ExplainSpeaking: How Trump's tariffs have run into an affordability crisis" (Nov 20, 2025). Domestic Policy and Data: "GDP: New labour codes and opportunity for India's weakest states" (Nov 28, 2025). "ExplainSpeaking | Piyush Goyal says India will be a $30 trillion economy in 25 years: Decoding the projections" (Oct 30, 2025) — A critical look at the feasibility of high-growth targets. "GDP: Examining latest GST collections, and where different states stand" (Nov 7, 2025). International Economic Comparisons: "GDP: What ails Germany, world's third-largest economy, and how it could grow" (Nov 14, 2025). "On the loss of Europe's competitive edge" (Oct 17, 2025). Signature Style Udit Misra is known his calm, data-driven, explanation-first economics journalism. He avoids ideological posturing, and writes with the aim of raising the standard of public discourse by providing readers with clarity and understanding of the ground realities. You can follow him on X (formerly Twitter) at @ieuditmisra ... Read More