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A little-known constitutional provision is attracting renewed attention in Washington after Democrats secured control of both chambers of Congress in the 2026 midterm elections. The mechanism, found in Section 4 of the 25th Amendment, could temporarily transfer presidential powers if a president were formally declared unable to perform the duties of office.
The process would require the vice president and a majority of the Cabinet—or another body established by Congress—to make that declaration. If Trump challenged it, Congress would face a demanding constitutional test: two-thirds majorities in both chambers would be needed to keep the vice president in power.
Democratic Representative Jamie Raskin had already proposed creating a 17-member commission to assess presidential capacity in April 2026. That proposal could now receive renewed attention under the new congressional majority.
However, winning Congress does not allow Democrats to remove Trump on their own. Vice President JD Vance would still play a central role, and the constitutional process has never been used under Section 4.
Whether Democrats pursue the proposal remains uncertain, but the debate could become another major source of tension in Washington.
