What is the 25th Amendment of the US Constitution and can it be used to remove Donald Trump from office?

Mike Pence holds the key to triggering the 25th Amendment

Credit: Reuters

This comes in section four, which states: "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.”

In practice what that means is Mike Pence plus 13 of Mr Trump’s 24 cabinet members would have to agree.

On what grounds might a president be removed?

The amendment is vague about the specifics. However, John D Feerick, former dean of Fordham Law School who served as one of its architects, said Senators who signed the amendment into law were clear it must be based on "reliable facts regarding the president’s physical or mental faculties," not personal prejudice.

"If you read the debates, it’s also clear that policy and political differences are not included, unpopularity is not included, poor judgment, incompetence, laziness, or impeachable conduct — none of that, you’ll find in the debates in the congressional record, is intended to be covered by Section IV," he told Business Insider.

What if the president refuses?

The mechanism was designed for a president who was incapacitated, not for one willing to fight back.

He or she is protected by a safeguard. Within 21 days of being triggered, the amendment requires two-thirds of both houses to uphold the decision. If they don’t then power reverts to the president.

How likely is it that the 25th amendment could be used to remove Mr Trump?

Very unlikely. It requires both Mr Pence and a majority of the cabinet to agree to oust the president. If he were not physically or mentally incapacitated – through ill health, a stroke or some such — it would effectively amount to a palace coup.

In other words, Mr Trump’s very closest allies are the ones to make the decision.

Any number of Democrats, TV pundits and armchair psychiatrists can label Mr Trump as unfit for office but it makes not one scrap of difference.

Just like impeachment, the tables are tilted to make it very difficult to remove a sitting president from power.