Donald Trump and the 25th Amendment: How Section 4 Defines the Roles of Jd Vance, the Cabinet and Congress

President Donald Trump could temporarily lose his presidential powers under the 25th Amendment, but Congress cannot initiate that process alone. Following the US midterm elections on 3 November 2026, which gave Democrats control of both chambers from January, attention has turned to Section 4 and the roles of Vice President JD Vance, the Cabinet and lawmakers in Washington.

For context, the Democrats' victories have also raised questions about another potential impeachment attempt against Trump. Political scientist Dr Daniel Schatz told UNILAD that a third impeachment was a 'realistic possibility', although he considered congressional investigations more likely than an immediate push to remove the president.

However, impeachment and the 25th Amendment serve different constitutional purposes. One addresses presidential misconduct through Congress, while the other provides a mechanism for presidential inability. Neither process is automatically triggered by an election result.

How the 25th Amendment Could Transfer Donald Trump's Powers to JD Vance

Section 4 allows the vice president and a majority of the principal officers of the executive departments to declare that a president cannot perform the powers and duties of the office.

According to the Congressional Research Service, the provision addresses circumstances in which a president cannot or will not acknowledge an inability to discharge those duties.

JD Vance would have to agree to initiate the process. The Cabinet could not invoke Section 4 independently, and Democratic lawmakers could not compel Vance to act.

The amendment also permits the vice president to act with a majority of another body established by Congress through legislation.

If the required officials submitted a written declaration to the Speaker of the House and the president pro tempore of the Senate, Vance would immediately become acting president.

Trump would remain president, however. His powers and duties, rather than the office itself, would temporarily pass to Vance.

The provision has never been invoked since the 25th Amendment was ratified in 1967. It does not identify specific medical conditions that automatically establish presidential inability.

What Congress Could Do if Donald Trump Challenged a 25th Amendment Decision

The constitutional procedure becomes more complicated if Trump contests such a declaration.

The president could submit a written statement asserting that no inability exists. Vance and the required Cabinet majority would then have four days to challenge that assertion.

If they did, Congress would have to decide whether Trump could resume exercising presidential authority.

Under the constitutional text, both the House and Senate would need a two-thirds majority to sustain the finding of presidential inability.

Congress generally has 21 days to resolve the dispute, with specific provisions governing when it must assemble. Without the necessary votes, Trump would regain his presidential powers.

Democratic control of both chambers would therefore not be enough on its own to prevent Trump from exercising those powers.

The distinction also matters for impeachment. The House can impeach a president by a simple majority, but conviction and removal require a two-thirds Senate vote.

Schatz cautioned that losing congressional seats does not automatically lead to impeachment.

'Losing seats does not itself trigger impeachment,' he told UNILAD, pointing instead to congressional control, emerging evidence and agreement among Democratic leaders.

For Section 4, the immediate decision would remain with Vance and the relevant executive officials, regardless of which party controls Congress.