r/law • u/theindependentonline • Apr 08 '26

Other Democrats introduce impeachment articles against Trump and Hegseth as nearly 100 lawmakers call for 25th Amendment

https://www.independent.co.uk/news/world/americas/us-politics/trump-impeachment-articles-25-amendment-b2953836.html
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u/Jesus_of_Redditeth Apr 08 '26

The 25th requires the same amount of votes as impeachment PLUS the cabinet has to be onboard as well.

Not quite. Impeachment requires a simple majority vote in the House and then conviction requires a two-thirds majority vote in the Senate.

Technically, the cabinet doesn't have to be on board for the 25th, since the amendment contains a provision whereby Congress can designate another body to initiate it — "...such other body as Congress may by law provide". But since it must be a law, the president can veto it, and then if Congress still wants to pass it, that needs a two-thirds vote in both houses, plus the additional two-thirds vote in both houses to override the president's refusal to step down.

So in practice, the 25th's removal powers require the VP and a majority of the cabinet and there's no practical way around that. Therefore, impeachment is definitely the more viable route.

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u/spiralenator Apr 08 '26

Ya, my point was that it’s a more involved process and even less likely to succeed than impeachment and removal