Calls to invoke the 25th Amendment grow as Trump seeks to acquire Greenland. How does it work and has it been used before?

A growing number of lawmakers are calling for the 25th Amendment to impeach President Trump after Trump told Norway’s prime minister that his position on buying Greenland was tied to not winning the Nobel Peace Prize and that he no longer felt compelled to “think only about peace.”

The remarkable exchange took place on January 18, when Norwegian leader Jonas Gahr Store sent a text message to Trump on behalf of himself and Finnish President Alexander Stubb. European leaders delivered the message in a bid to “de-escalate” the intensifying conflict over Greenland and the latest threat of tariffs against US European allies.

In less than half an hour, Trump responded, writing: “Considering that your country has decided not to award me the Nobel Peace Prize for stopping 8 Wars PLUS, I no longer feel compelled to think only of Peace, although it will always be predominant, but I can think of what is good and right for the United States of America.”

The Nobel Peace Prize is not awarded by the Norwegian government, but rather by the Norwegian Nobel Committee. The five members of the commission are appointed by the country’s parliament.

Trump doubled down on his intentions to “buy” Greenland, writing: “The world is not safe until we have complete and total control of Greenland. Thank you!” and signing “Chairman DJT”.

Democratic Sen. Ed Markey of Massachusetts is one of several members of Congress who have called for Trump to be removed from office using the 25th Amendment. “Invoke the 25th Amendment,” Markey posted on X, along with a photo of a news headline from Trump’s unusual text message with Store. Other Democratic House members, such as Reps. Eric Swalwell, Sydney Kamlager-Dove and Yassamin Ansari, also called for Trump’s ouster by invoking the 25th Amendment.

How did the 25th amendment come about?

It dates back to 1963, when Vice President Lyndon B. Johnson became president after the assassination of John F. Kennedy. There was no plan to choose Johnson’s replacement, and there was concern about the procedure if Johnson became ill or incapacitated before a new vice president could be named. In 1965, Congress formally proposed the 25th Amendment and it became part of the Constitution in February 1967.

The 25th Amendment has four sections. The first three clarify the presidential order of succession and who can temporarily assume the duties of president. Section 4 gets the most attention: It’s a multi-step process for the Vice President and Cabinet to declare that the President is “unable to perform the duties and responsibilities of his office.”

How would that work?

Invoking Section 4 of the 25th Amendment would require Vice President JD Vance and a majority of Trump’s cabinet to submit a declaration to Congress that Trump is unable to fulfill the duties and responsibilities of his office. This would mean an immediate transfer of presidential power to Vance, who would be acting president. Trump would have a chance to deny the statement, which could then be challenged by his cabinet. Congress would have 21 days from the date of receipt of the statement to formally approve any decision to remove Trump from office.

For Trump to be removed from office, a two-thirds vote would be needed in both the House of Representatives and the Senate. Otherwise, he would regain his presidential powers.

Has the 25th amendment been used before?

The first section of the 25th Amendment was invoked when Richard Nixon resigned from the presidency in 1974 and was replaced by his vice president, Gerald Ford. Section 2 was used when Gerald Ford, as President, nominated Nelson Rockefeller for Vice President, and he was confirmed in the House and Senate.

Section 3 was used in 1985 when Ronald Reagan underwent brief cancer surgery and Vice President George HW Bush assumed his responsibilities. In 2002 and 2007, George W. Bush invoked Section 3 when he underwent medical procedures, and then-Vice President Dick Cheney became acting president.

Section 4 has never been used because the process is so difficult. It is more difficult to remove a president under the 25th Amendment using Section 4 than under the impeachment process.

What is the difference between impeachment and invoking the 25th amendment?

The purpose of the impeachment inquiry to remove a president from office is to address potential “treason, bribery, or other high crimes and misdemeanors.”

The House would need a simple majority to vote on articles of impeachment, which are formal written charges against a president. After a trial, the Senate would vote on whether to convict and remove the president from office, which requires a two-thirds vote. The Senate can vote in a separate procedure to bar the president from future office, which would require a simple majority vote.

Trump was impeached twice during his first term. The first was on December 18, 2019, for the initiation of foreign interference in the 2020 presidential election, and the second was on January 13, 2021, following the January 6 attack on the US Capitol. In each case, he was acquitted on all counts by the Senate and remained in office.

If the movement grows to invoke the 25th Amendment to remove Trump for incapacity or inability to perform presidential duties, invoking it would require a two-thirds vote in both the House and Senate. The president would not be barred from holding future office.

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