After the January 6, 2021 Capitol attack, House Speaker Nancy Pelosi asked Vice President Mike Pence to invoke Section 4 of the 25th Amendment to remove President Trump, arguing he was unable to discharge his duties. Pence refused. In 2025, renewed debates about presidential fitness revived discussions of the amendment, though the constitutional process remains unchanged. Section 4 has never been successfully invoked since ratification in 1967, reflecting the extraordinarily high bar for involuntary removal.
The 25th Amendment''s Section 4 allows the vice president and a cabinet majority to declare the president unable to perform official duties by transmitting a written declaration to Congress. The vice president immediately becomes acting president. The president can contest this by sending Congress a written declaration of capability, reclaiming power unless the vice president and cabinet respond within four days to dispute the president''s claim. Congress then has 21 days to decide, with the vice president remaining acting president. A two-thirds vote in both chambers is required to sustain the removal. This process creates multiple opportunities for the president to retain power, making involuntary removal extremely difficult even when genuine incapacity exists.