The 2026 US midterm elections have delivered a major political setback for President Donald Trump, with Democrats projected to take control of both chambers of Congress.

The results, which were still being counted at the time of writing, give Democrats a powerful opportunity to challenge Trump’s policies.

They may also now investigate his administration and reshape the political landscape ahead of the 2028 presidential election.

One proposal that could now receive renewed attention involves a rarely discussed provision of the US Constitution that has never been used.

Section 4 of the 25th Amendment allows the vice president and a majority of the Cabinet, or another body established by Congress, to declare a president unable to perform the duties of office.

Democratic Representative Jamie Raskin introduced legislation earlier this year to establish such a body. With Democrats poised to take control of Congress, the proposal could receive fresh consideration.

However, the process is not a straightforward way to remove a president over political disagreements. It is designed to address presidential incapacity, and significant constitutional hurdles would remain.

Democrats make historic gains in the 2026 midterms

Americans went to the polls on November 3 to vote in elections that would determine control of Congress for the next two years.

All 435 seats in the House of Representatives were contested, alongside 35 Senate seats, including two special elections.

Democrats entered the election as the minority party in both chambers. They needed to win a net gain of just a few seats to take control of the House and make substantial gains in the Senate to overcome the Republican majority.

The results proved far more favourable to Democrats than Republicans had hoped.

At the time of writing, live election results showed Democrats leading with 228 House seats to Republicans’ 139, with 367 of the 435 races called.

In the Senate, Democrats and two aligned independents held 54 seats, compared with 44 for Republicans, with 33 of the 35 races called.

These figures remain subject to change as outstanding races are decided and votes are certified. However, major news organisations have projected that Democrats will take control of both chambers.

The outcome represents a significant rebuke to Trump’s second-term agenda.

Voters faced concerns about the cost of living, the administration’s handling of the war in Iran and broader questions about government accountability.

Democrats also made gains in several competitive states, flipping Senate seats and winning key gubernatorial races.

The victories give the party a stronger platform to challenge the president during the final two years of his current term.

What the midterm results mean for Trump

The new Congress is scheduled to begin on January 3, 2027.

Until then, Republicans retain control of the outgoing Congress, meaning Democrats cannot immediately exercise their new majority.

Once the new lawmakers take office, Democrats will gain control of congressional committees and the ability to set the legislative agenda.

That could lead to investigations into Trump’s administration, including its handling of immigration enforcement, federal agencies and potential conflicts of interest.

Congressional committees can issue subpoenas, request documents and compel witnesses to testify under certain circumstances.

Democrats could also use their majority to block legislation, challenge executive actions and scrutinise presidential appointments.

However, taking control of Congress does not mean Democrats can automatically overturn Trump’s policies.

The president retains veto power over legislation, and overriding a veto requires a two-thirds majority in both chambers.

The Senate’s filibuster rules also mean most legislation requires 60 votes to advance, unless an exception applies.

Democrats are therefore likely to face a difficult legislative environment, even with control of both chambers.

Their majority will nevertheless give them greater power to investigate the administration and make it harder for Trump to advance his agenda without congressional scrutiny.

Jamie Raskin’s proposal to establish an independent commission

One proposal that could now return to the spotlight was introduced by Democratic Representative Jamie Raskin in April 2026.

Raskin’s bill, the Commission on Presidential Capacity to Discharge the Powers and Duties of the Office Act, would establish a 17-member independent commission.

The legislation was designed to create the alternative body contemplated by Section 4 of the 25th Amendment.

Under the proposal, the commission would work alongside the vice president in assessing whether a president could perform the duties of office.

The proposed membership includes former senior government officials and other qualified individuals, with appointments shared between Democratic and Republican congressional leaders.

The commission would be able to examine a president’s capacity in circumstances where Congress determines that an assessment is necessary.

The bill also provides for Congress to pass a concurrent resolution requiring the commission to examine the president and report its findings.

If the vice president and a majority of the commission concluded that the president was unable to discharge the powers and duties of office, they could transmit a written declaration to congressional leaders.

That declaration would immediately transfer the powers and duties of the presidency to the vice president, who would serve as acting president.

The bill was referred to the House Judiciary Committee and the House Rules Committee after its introduction. It did not advance under Republican control.

Democrats’ expected congressional majority could give the proposal a new opportunity, although passing legislation would still require navigating the legislative process.

The 25th Amendment process and the obstacles Democrats would face

The 25th Amendment was ratified in 1967 to clarify presidential succession and address situations in which a president becomes unable to perform the duties of office.

Section 4 has never been invoked.

It differs from impeachment, which addresses serious misconduct and can result in removal following a Senate conviction.

Section 4 instead addresses presidential inability, such as a serious medical crisis that prevents a president from carrying out official responsibilities.

Under the existing constitutional process, the vice president and a majority of the principal officers of the executive departments can declare the president unable to serve.

Congress can establish another body by law to take the Cabinet’s place in this process. Raskin’s proposal seeks to create that body.

But the vice president remains essential. The commission could not independently declare Trump unable to serve without the vice president’s participation.

If the vice president and commission issued a declaration, Trump could respond by informing congressional leaders that he was able to resume his duties.

The vice president and a majority of the commission would then have four days to reaffirm their declaration.

If they did, Congress would have to decide the matter. To keep the vice president as acting president, two-thirds of both the House and Senate would need to vote that the president remained unable to serve.

Democrats are not expected to hold that level of support on their own.

The constitutional process therefore contains multiple safeguards and cannot be used simply because a president has become unpopular or lost political support.

Democrats could revive the never-before-used mechanism

With Democrats projected to take control of both chambers, Raskin’s commission proposal could receive renewed attention when the new Congress convenes in January.

If lawmakers pass the legislation and it becomes law, the United States would have a new independent body designed to help address a presidential incapacity crisis.

That would be a historic development, but it would not automatically remove Trump from office.

The vice president’s agreement would remain necessary, and any dispute over presidential capacity would be subject to the constitutional procedures laid out in Section 4.

At the time of writing, the election results remain subject to outstanding counts and certification.

Democrats’ projected congressional victory gives them new power to investigate the administration and pursue legislation, but it does not guarantee that the commission bill will pass or that the 25th Amendment will ever be invoked.

The proposal’s significance lies in establishing a mechanism Congress has never previously created—not in providing Democrats with a simple route to remove a sitting president.