Constitutional scholar Alan Dershowitz is sounding the alarm over what he describes as a deliberate “weaponization” of the 25th Amendment. In a recent push, some lawmakers have suggested invoking the amendment’s removal process in response to President Trump’s recent military and diplomatic actions toward Iran.
Dershowitz argues that this move is not only legally flimsy but represents a dangerous departure from the original intent of the U.S. Constitution.
The 25th Amendment was ratified to handle specific medical emergencies, such as when a president suffers a stroke or develops a debilitating condition like Alzheimer’s. It requires the Vice President and a majority of the Cabinet to declare that the commander-in-chief is “unable to discharge the powers and duties of his office.”
According to Dershowitz, the legislative history is clear: the amendment is a “neutral, non-partisan guardrail” for physical or mental incapacity, not a tool for settling policy disputes.
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The current friction stems from political disagreements over the administration’s foreign policy. Dershowitz asserts that those pushing for removal know the President is “perfectly able to discharge his duties” and are simply using the amendment as a cover for their disapproval of his methods.
He notes that the President remains “among the most energetic and confrontational presidents in history,” frequently engaging with the media and maintaining a rigorous schedule.
This is not the first time constitutional mechanisms have been at the center of partisan friction. Dershowitz points back to the previous impeachment efforts, which he argued violated the Constitution by failing to allege “high crimes and misdemeanors,” instead relying on broader terms like “abuse of power.”
He suggests that having failed to remove the President via impeachment, some critics are now reaching for the 25th Amendment as a secondary “partisan ploy.”
There are historical precedents for actual presidential incapacity, such as Woodrow Wilson’s stroke or questions surrounding Ronald Reagan’s health in his later years. Dershowitz warns that “crying wolf” now could have long-term consequences for the country.
He argues that if the amendment is turned into a political weapon, it will lose its effectiveness when a real medical emergency occurs.
“The 25th Amendment is like the axe in the glass case marked: ‘For emergency use only,'” Dershowitz stated, cautioning that misusing it now could lead to irreparable damage to the nation’s system of checks and balances.
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