What does the 25th Amendment say?
Asked by: Taryn Tromp PhD | Last update: February 13, 2026Score: 4.6/5 (54 votes)
The 25th Amendment clarifies presidential succession and disability, stating the Vice President becomes President if the President dies, resigns, or is removed; allows the President to voluntarily transfer power to the VP; and provides a mechanism for the VP and Cabinet to temporarily remove a President unable to discharge duties, or for Congress to step in if the President disputes the disability. It addresses both vacancies in the Vice Presidency (requiring a new nominee confirmed by Congress) and situations where the President is physically or mentally unfit to serve.
Who can invoke the 25th Amendment to remove a President?
The Vice President and a majority of the Cabinet (or another body Congress designates) can invoke the 25th Amendment (Section 4) to declare the President unable to serve, immediately making the VP acting president; if contested by the President, Congress must then decide, with a two-thirds vote in both houses needed to keep the VP as acting president permanently.
How many times has the 25th Amendment been invoked?
The 25th Amendment has been invoked six times in total, but only for filling vice-presidential vacancies (Section 2) and for temporary transfers of power during presidential medical procedures (Section 3); Section 4, which allows for involuntary removal of presidential power, has never been used. The instances include twice to fill vice-presidential vacancies (Agnew/Ford, Ford/Rockefeller) and four times for temporary disability (Reagan in 1985, Bush in 2002 and 2007, and Biden in 2021).
Who can declare the president unable to fulfill presidential duties?
A president can be declared incompetent under Section 4 of the 25th Amendment, a process initiated by the Vice President and a majority of the Cabinet (or another designated body) sending a written declaration to Congress, which then makes the final decision if the President contests it, requiring a two-thirds vote in both houses to remove them. This "involuntary" removal process has never been invoked, though Section 3 (voluntary transfer of power) has been used.
What are three ways the president can be removed from office?
A President can be removed from office primarily through the constitutional process of impeachment and conviction, but also through resignation, or by invoking the 25th Amendment for inability to serve, with impeachment being the formal method for misconduct like treason, bribery, or high crimes and misdemeanors.
What is the 25th Amendment to the U.S. Constitution?
Who can the president not remove from office?
The holding in Myers boils down to the proposition that the Constitution endows the President with an illimitable power to remove all officers in whose appointment he has participated, with the exception of federal judges.
What would it take for Trump to be removed from office?
For impeachment to occur, a simple majority is needed in the House and for conviction/removal from office to occur a two-thirds majority is needed in the Senate. At the time both the House and Senate were controlled by Republicans.
What happens if the 25th Amendment is invoked?
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
Do presidents get a lifetime pension?
Benefits Available to Former Presidents
In addition, each former President is authorized to receive a lifetime federal pension, travel funds, and franked mail privileges. Separate statutes provide U.S. Secret Service protection to former Presidents.
Who has the power to override the President?
Congress can override a presidential veto with a two-thirds vote in both the House and Senate, making a bill law without the President's signature, while the Vice President and Cabinet can initiate the process under the 25th Amendment to declare the President unable to serve, and the Supreme Court can declare executive actions unconstitutional, though Congress ultimately controls impeachment.
Which president did not use the Bible to take the oath of office?
Several U.S. Presidents did not use a Bible for their oath, including John Quincy Adams (used a law book), Theodore Roosevelt (used no book at his first swearing-in), and Lyndon B. Johnson (used a Catholic missal), with Calvin Coolidge also noting he didn't use one, adhering to Vermont tradition. The Constitution doesn't require a Bible, allowing for these variations, often signifying a belief in secularism or responding to unique circumstances.
Who can overthrow the President?
The Constitution gives Congress the authority to impeach and remove "The President, Vice President, and all civil Officers of the United States" upon a determination that such officers have engaged in treason, bribery, or other high crimes and misdemeanors.
Has a president ever been fully removed from office?
No U.S. President has ever been fully removed from office through the impeachment process; three presidents—Andrew Johnson, Bill Clinton, and Donald Trump (twice)—were impeached by the House but acquitted by the Senate, while Richard Nixon resigned before the full House vote, avoiding removal. Removal requires a majority vote in the House (impeachment) followed by a two-thirds vote for conviction in the Senate, a threshold never reached for a president.
Who can impeach Donald Trump?
Impeachment begins in the House of Representatives, where articles of impeachment are drawn up. These articles are then voted on by House members. Each article is voted on separately and requires a simple majority to pass. Once an article has been passed in the House, the president has been impeached.
Is the 25th Amendment ever been used?
Congress approved the 25th Amendment on July 6, 1965. The states completed ratification by February 10, 1967, and President Lyndon Johnson certified the amendment on February 23, 1967. The first use of the 25th Amendment occurred in 1973 when President Richard Nixon nominated Congressman Gerald R.
Can the vice president be fired and replaced?
Yes, a Vice President can be removed and replaced, but not by the President; removal requires the rare impeachment process by Congress for "Treason, Bribery, or other high Crimes and Misdemeanors," while a vacancy is filled by presidential nomination and congressional confirmation under the 25th Amendment.
Does the first lady get a salary?
No, the First Lady does not get paid a salary, as the role is unofficial, not an elected or statutory government position, but she receives perks like White House residency, security, and a staff (paid for by taxpayers) to support her duties, which have evolved from purely social to include policy and public engagement. While she earns no direct income for the role, her support staff's salaries are covered, and she may sometimes engage in paid work (like Dr. Jill Biden's teaching) but often don't, as it's seen as a full-time, unpaid "office of honor".
Do former presidents get a plane?
When authorized by the President, Government air- craft may be used by a former President for transition purposes. When deemed necessary for protective pur- poses chartered aircraft may also be used by a former President in winding up the affairs of his Presidency.
How much do Secret Service agents make?
Secret Service agents' salaries vary, with entry-level starting around $53k-$81k (including bonuses/locality) at GL-7/GL-9, and experienced agents reaching over $195k at GS-13, depending on grade, experience, location, and benefits like Law Enforcement Availability Pay (LEAP) and tuition assistance. Pay is based on the federal General Schedule (GS) scale, with significant increases for higher grades and responsibilities.
Who can declare the president incompetent?
A president can be declared incompetent under Section 4 of the 25th Amendment, a process initiated by the Vice President and a majority of the Cabinet (or another designated body) sending a written declaration to Congress, which then makes the final decision if the President contests it, requiring a two-thirds vote in both houses to remove them. This "involuntary" removal process has never been invoked, though Section 3 (voluntary transfer of power) has been used.
Can Barack Obama be vice president?
Yes, former President Barack Obama could legally run for Vice President because the 22nd Amendment bars two-term presidents from being elected President again, not from serving as VP, and the 12th Amendment only stops those ineligible for President from being VP; however, constitutional scholars debate if a two-term president could succeed to the presidency from the VP role, but the general consensus is yes, he'd be eligible to serve as VP and potentially President, though it's politically complex.
Has the Speaker of the House ever had to become president?
Yes, one Speaker of the House, James K. Polk, has become President of the United States, making him the only one to achieve the presidency through election after serving as Speaker. While the Speaker is second in the presidential line of succession, most Speakers who might have ascended (like during the Watergate era) didn't become President due to the 25th Amendment, which allows for a new VP to be nominated, or simply by not winning the presidency in their own right.
What Crimes would cause the President to be removed from office?
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. U.S. Const. art.
What college did Donald Trump attend?
Donald Trump went to Fordham University for two years before transferring to the Wharton School of Finance and Commerce at the University of Pennsylvania, graduating in 1968 with a bachelor's degree in economics. He often highlights his Wharton degree, which he views as a valuable credential, even though he was a transfer student and not an honors student at Penn, notes The Chronicle of Higher Education.
Can a president pardon himself?
O.L.C. Supp. 370, 370 (1974) (opining during the Nixon Administration that a President may not pardon himself based on the fundamental rule that no one may be a judge in his own case ).