Democrats could soon have a second path to curbing Donald Trump’s authority.
The party won both chambers of Congress in last November’s midterms, with new members set to take office January 3, 2027. That majority gives Democrats leverage over legislation and investigations even as Trump remains in the White House.
Impeachment remains on the table, but political scientist Dr. Daniel Schatz said that a third Trump impeachment is only one possibility among several. “If Democrats win the House, a third Trump impeachment becomes a realistic possibility, but it is far from inevitable,” he said.
“My assessment is that investigations are more likely than an immediate impeachment push,” Schatz continued. “Losing seats does not itself trigger impeachment: the decisive questions are who controls the House, what evidence emerges and whether Democratic leaders can unite their caucus behind specific charges.”
A separate constitutional mechanism has never once been activated in nearly six decades of existence. Section 4 of the 25th Amendment, ratified in 1967, allows the vice president and a majority of the Cabinet to strip a sitting president of their powers without removing them from office entirely.
Congress.gov, the official legislative information website, lays out the distinction between the amendment’s two operative sections. “Section 4 of the Twenty-Fifth Amendment provides for instances of contingent presidential disability,” the site explains. “It covers instances of presidential disability or inability that differ from, and arguably are more potentially complex and problematic than, those addressed in Section 3.”
Section 3 covers situations where a president voluntarily declares themselves unable to perform their duties, such as during sudden illness or scheduled medical procedures. “It may potentially cover other situations, such as absence from the country or a period of intense grief, for example, related to the loss of a loved one,” Congress.gov adds.
Section 4 operates differently. It comes into play when the president will not acknowledge their own unfitness. The provision could apply to circumstances involving serious physical or mental impairment, unconsciousness, or an inability to communicate essential presidential decisions, though the amendment deliberately avoids listing definitive qualifying conditions.
The critical distinction from impeachment is what happens to the president. Impeachment removes the officeholder completely. Section 4 merely transfers presidential powers to the vice president temporarily.
For Democrats, the mechanism presents a frustrating limitation. Congress can suggest that Vice President JD Vance or Trump’s Cabinet consider Section 4. Lawmakers can hold hearings, investigate concerns about Trump’s fitness, and adjudicate any dispute should the president challenge a Section 4 action. But the legislative branch cannot itself initiate the process.
“Ultimately, Congress has the power to decide a contested Section 4 case, but it does not have the power to start one,” the framework makes clear.
That leaves any potential invocation in Republican hands until at least January 2027. Vance or a majority of Trump’s own Cabinet would need to make the first move.
The 25th Amendment itself was proposed in 1965 and passed into law two years later, meaning the provision has sat unused for approaching 60 years.
Trump, 78, has faced periodic questions about his physical and cognitive fitness throughout his political career, including during his first term when Cabinet members reportedly discussed the amendment’s application following the January 6, 2021 Capitol attack. Those discussions never produced formal action.
With Democrats preparing to assume committee chairmanships and subpoena power in January, the intersection of congressional oversight and constitutional mechanisms for presidential disability is likely to draw renewed attention regardless of whether any formal Section 4 process begins.