Friday, Apr. 17, 2026
Can Congress invoke the 25th amendment to transfer presidential powers to a vice president?
Congress alone cannot invoke the 25th Amendment to transfer presidential powers to the vice president, but there is a provision that allows the transfer if the president is “unable to discharge the powers and duties of his office.”
The 25th Amendment states that it must be the vice president and “a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide” that notify Congress that the president is unable to serve. The vice president then takes on the role.
The president can reclaim his or her duties by notifying Congress in writing when he or she is again capable. The president would then return to the job — except if those who deemed him or her incapable tell Congress they disagree he can serve.
It is then up to Congress to decide, with two-thirds vote needed in both chambers.
This fact brief is responsive to conversations such as this one.
Sources
- Constitution Annotated Analysis and Interpretation of the U.S. Constitution Overview of Twenty-Fifth Amendment, Presidential Vacancy and Disability
- National Constitution Center Presidential Disability and Succession
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