Can Trump Be Disqualified From the Presidency? Commentary After failing to convict former President Donald Trump in an impeachment trial, some Trump-detractors are promoting the idea of Congress banning him from the presidency. They believe Congress can use a provision in the Constitution’s 14th Amendment to do so. This proposal, like the impeachment itself, panders to those who fear and loath the former president. Like impeachment as well, it distracts public attention from the more important question of whether the official 2020 election returns were accurate—and, if not, how state lawmakers should respond. Otherwise, however, the proposal serves no purpose, because Congress cannot disqualify Trump from serving as president again.