There are whispers President Trump’s advisers are trying to invoke Section 4 of the 25th Amendment to remove Trump from presidency citing he is unfit for office.
The section has not been earlier used and probably no one would use it either as the move will precipitate a constitutional crisis.
The process to remove a president is complex. It requires two-thirds of vote in both the houses.
Adopted 51 years ago the 25th Amendment to the Constitution has four sections and the last suggests multistep process for the vice president and the cabinet to declare Donald Trump is unable to discharge the powers and duties of his office.
If the section is used, Vice President Mike Pence would take the first step along with a majority of the cabinet and approach Senator Orrin G. Hatch of Utah, the president pro tempore of the Senate and Representative Paul D. Ryan of Wisconsin, speaker of the House, with a written declaration that Trump need to be removed from office.
Following submission of the declaration Trump would be stripped of the powers and Pence will immediately become acting president. However, the president can send a written declaration of his own immediately to both Hatch and Ryan citing his ability to perform the duties.
He will be allowed to resume his duties. But Pence and the cabinet can again send another declaration to congressional leaders within four days stating the concerns again. Pence will become acting president thereafter.
The section asks Congress to assemble within 48 hours and vote within 21 days. Two-thirds of vote is required in both the houses to remove Trump and Senate too needs to agree.
If two-thirds vote fell short, it will be a win for Trump. He will resume his duties.
It is tough. However, impeachment process is less difficult compared to 25th Amendment. A simple majority is required in the House and two-thirds vote in the Senate.
The other three sections are different. The first explains what happens if the president resigns, dies or is removed. The gap is filled by vice president. In the second the president nominates a replacement if a vacancy in the office of vice president occurs. In the third section the president delegate his responsibilities to vice president temporarily.