Keen On America Trump and 25th Amendment: Why Removal will NEVER happen
Jan 7, 2026
Rebecca Lubot, an author and scholar focused on presidential continuity and the 25th Amendment, dives into an insightful discussion on the unlikelihood of Trump's removal through this constitutional provision. She emphasizes how political realities post-January 6 have reshaped and complicated its application. Lubot argues for a redefined understanding of ‘incapacity’ and legislative measures for modern governance. She also highlights crucial historical lessons about nuclear risks and the need for congressional action to address the evolving political landscape.
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25th Amendment Focuses On Incapacity
- The 25th Amendment targets incapacity, not political or policy disagreements.
- Its key terms like "inability" were left vague on purpose, creating legal gaps today.
Congress Should Define 'Inability' By Law
- Congress should define "inability" or create an independent medical body to assess it.
- Relying on the White House physician creates obvious conflicts of interest and risks politicization.
Section Four's High Political Hurdles
- Section Four requires the vice president plus a majority of the Cabinet to act, not just Congress.
- If the president disputes removal, Congress must override with two-thirds votes in both chambers.
