With President Trump recently announcing his intent to commit war crimes on social media, you’ve probably been hearing talk about the 25th Amendment and how it could remove him from office. Here’s what you need to know about it — and why Common Cause is calling for it to be used immediately.

What is the 25th Amendment and why does it exist?

The 25th Amendment lays out what should happen if a president can’t carry out the duties of office. It ensures there’s a clear plan to keep the government moving during times of crisis and instability.

It includes several key sections, like: 

• If a president leaves office, the vice president takes over.  

• If there’s no vice president, the president can nominate one with approval from Congress.  

• If a president is unable to serve, like in the case of a medical procedure, the vice president steps in temporarily. 

• Most importantly, the vice president and a majority of the cabinet can declare a president unfit to serve, making the vice president acting president. If a president disagrees with this assertion, they can take it to Congress to make the final decision.

Has it ever been used?

Parts of the amendment have been used before, like to replace a vice president or to temporarily transfer power during medical procedures.

For example, in 1973, President Richard Nixon nominated Gerald Ford to serve as vice president after the position became vacant, and Congress confirmed him. 

Another section has been used to temporarily transfer power when a president undergoes a medical procedure. Most recently, President Joe Biden briefly handed authority to Vice President Kamala Harris when he was under anesthesia.

However, the section that allows the vice president and cabinet to declare a president unfit has never been used before.

Why we’re calling for it:

Increasingly erratic statements from President Trump have raised urgent concerns about his fitness to lead. The 25th Amendment exists for exactly this moment: a safeguard for when the president’s actions put American lives, our country — and the world — at risk.

That’s why Common Cause is calling on the vice president and cabinet to act immediately. If they refuse, Congress must do its job and move forward with impeachment and removal.

This is more than politics. This is about protecting the country and ensuring no one — no matter how powerful — is above the law.

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