
As Donald Trump breaches norms in more extreme ways, some critics are calling for the use of the amendment to remove a president who is “unable to discharge [his] powers and duties.” But that option is misleading.
When President Donald Trump tweeted in October about his “great and unmatched wisdom,” and released a widely ridiculed letter he wrote to Recep Tayyip Erdoğan – in which he urged the Turkish president, “Don’t be a fool!” – his critics disagreed not just with policy.
While the president’s supporters say this is “Trump being Trump,” the most aggressive critics argue it is evidence that he is without sufficient mental capacity to carry out the duties of his office. That, some say, calls for his removal under the Constitution’s 25th Amendment.
But regardless of whether one agrees, or instead sees such criticism as part of a relentless attack on the president, the 25th Amendment is actually a dead end. For while social media may be atwitter about the amendment’s ability to involuntarily remove the president if he is “unable to discharge the powers and duties of the office,” it’s never been invoked, and it most likely won’t be. Here’s why.
To understand why the amendment is not going to be used to remove Mr. Trump from office, it helps to know what spurred its creation: the assassination of President John F. Kennedy.
“The people in Congress, people who were shaken by this terrible event, wondered what would have happened if, having sustained a terrible head injury, he had nevertheless survived,” says Philip Bobbitt, director of the Center for National Security Law at Columbia Law School and professor at the University of Texas School of Law. “That happened to James Garfield.”
The amendment, ratified in 1967, is made up of four sections. The first basically restates the Constitution; the vice president will become president if the president resigns or dies. The next section empowers the president to nominate a new vice president should the office become vacant.