 WHIO's Jason Michaels. Lawmakers in Congress floating the possibility of invoking the 25th Amendment and whether it could or should be used to remove President Biden from office. Fox's Marian Rafferty. Now here's how it works. The vice president and half of the cabinet must agree the president is incapacitated and cannot carry out his duties, but the president could override them and stay put. But a two-thirds vote by both the House and Senate could quash that and remove the president.