For the 25th Amendment to be invoked, Pence and the majority of Trump’s Cabinet would need to declare that Trump is unable to perform the duties of the presidency and remove him. Pence would take over, in that scenario.
Trump could subsequently declare that he is capable of resuming the job. If Pence and the majority of the Cabinet do not contest Trump’s determination, Trump regains power. If they dispute Trump’s declaration, the issue would then be decided by Congress, but Pence would continue to act as president until then.
A two-thirds majority of both Chambers would be needed to keep Trump sidelined. But the Democratic-controlled House could simply delay voting on the substantive dispute until Trump’s term ends, said Paul Campos, a professor of constitutional law at the University of Colorado.
The storming of the U.S. Capitol by supporters of President Donald Trump on Wednesday has prompted calls by some lawmakers to remove him from office before President-elect Joe Biden is sworn in on Jan. 20.www.reuters.com