Pence and a majority of Trump’s Cabinet would need to declare that the outgoing President Donald Trump is unable to perform his duties in order to invoke the 25th Amendment.

However, Pence had rejected the call from Nancy Pelosi and House Democrats to invoke the amendment and remove President Donald Trump from office.

“With just eight days left in the President's term, you and the Democratic Caucus are demanding that the Cabinet and I invoke the 25thAmendment. I do not believe that such a course of action is in the best interest of our Nation or consistent with our Constitution,” Pence wrote in a letter to Pelosi released Tuesday night.

“Last week, I did not yield to pressure to exert power beyond my constitutional authority to determine the outcome of the election, and I will not now yield to efforts in the House of Representatives to play political games at a time so serious in the life of our Nation,” Pence added.

The Twenty-fifth Amendment to the United States Constitution deals with presidential succession and disability.

It clarifies that the vice president becomes president if the president dies, resigns, or is removed from office, and establishes how a vacancy in the office of the vice president can be filled. It also provides for the temporary transfer of the president's powers and duties to the vice president, either on the initiative of the president alone or on the initiative of the vice president together with a majority of the president's cabinet. In either case, the vice president becomes acting president until the presidential powers and duties are returned to the president.

The amendment was submitted to the states on July 6, 1965, by the 89th Congress and was adopted on February 10, 1967, the day that the requisite number of states (38) had ratified it.