Democrats file bill to push use of 25th Amendment to remove Donald Trump

  • Activinmagazine
  • April 16, 2026

Donald Trump could face a plan to have him removed from office by invoking the 25th Amendment. House Democrats, led by Rep Jamie Raskin, have introduced legislation to Congress to consider whether the US president is able to carry out his duties. 

If the 17-person Commission votes against Trump, it will then be up to Vice President JD Vance to approve the removal of the president if he is 'mentally or physically unable to discharge the powers and duties of the office'. 

"Public trust in Donald Trump’s ability to meet the duties of his office has dropped to unprecedented lows as he threatens to destroy entire civilizations, unleashes chaos in the Middle East while violating Congressional war powers, aggressively insults the Pope of the Catholic Church and sends out artistic renderings online likening himself to Jesus Christ," Raskin said.
Jamie Raskin represents Maryland's 8th Congressional District (Andrew Harnik/Getty Images)

"We are at a dangerous precipice, and it is now a matter of national security for Congress to fulfil its responsibilities under the 25th Amendment to protect the American people from an increasingly volatile and unstable situation." 

It comes as the most recent Economist/YouGov Poll revealed that 56 percent of Americans disapprove of Trump's job handling, while just 38 percent approve. What is the 25th Amendment? The 25th Amendment to the United States Constitution was ratified in 1967 after the confusion that followed from the assassination of John F. Kennedy in 1963. 

It explains what happens if a US president dies, resigns, or cannot carry out their duties. Section 4 allows the vice president and a majority of the Cabinet to declare the president unable to serve, making the vice president acting president. Will Vance vote out Trump?
Vice President JD Vance could technically take over from Trump (Drew Angerer/Getty Images)

Given Vance’s close alliance with Trump, it seems unlikely that the 25th Amendment will be invoked. White House spokesman Davis Ingle criticised the proposal, which has 50 Democratic co-sponsors, and said to The Independent: "Lightweight Jamie Raskin is a stupid person’s idea of a smart person.

"President Trump’s sharpness, unmatched energy, and historic accessibility stand in stark contrast to what we saw during the last administration when Democrats like Raskin intentionally covered up Joe Biden’s serious mental and physical decline from the American people." Could Trump get a third term?
The White House has slammed the proposal to remove Trump (Anna Moneymaker/Getty Images)

As explained by Cornerstone Law Firm, the 22nd Amendment limits a US president to a maximum of two election wins - but it doesn’t completely ban someone from serving again. That’s because there are other ways to become president besides being elected. 

The 22nd Amendment only stops someone from being elected president again - not from serving - which leaves a legal loophole. A second way to become president is to be chosen by the House of Representatives. This happens only if no candidate wins a majority of the Electoral College votes. 

The 12th Amendment gives the House this power to 'choose' the president, while the 20th Amendment explains what happens if no one is chosen in time or if the chosen or elected president dies before taking office. In that case, the vice president-elect temporarily becomes president until the situation is resolved.

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