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What happens if the Chief Justice refuses to give the oath of office to the President of the US? "People live longer now and are more capable in their later years because they're healthier than in the past," Schmidt said. "Because somebody is young, because somebody is old, or whatever they may be, it is not a reflection of their views on the issues," he said. Explore our new 15-unit high school curriculum. The rule is that the voters decide. Why or why not? Can a 13 years old be a president? Because dementia does not affect all people, and of those affected, not all are affected at the same age. This may be true, but you don't link to how it works much less an explanation of why it encourages judges to retire. And wait," she continued. Indeed, some people would argue that dementia is not an insuperable obstacle to being elected to office in the first place :- ( - jamesqf Aug 21, 2017 at 17:59 PDF The Need for Supreme Court Term Limits The campaign also has a White House website petition asking President Barack Obama to call on Congress to address the age requirement necessary for presidential office with an amendment to the Constitution to allow adults under 35 to be President.. Join millions of others in sharing your opinion on politics, sport and more. "I think in the end the voters should be able to choose, and if they think someone is too old, then they can make that choice.". hide caption. Age can affect the energy of all candidates, Lindsay Chervinsky, a presidential historian, told USA TODAY. Also, the 25th Amendment to the United States Constitution was adopted to address the question of Presidential incapacity, and federal legislators can be removed by the house in which they were elected for cause by a two-thirds majority (U.S. Constitution, Article I, Section 5, Clause 2). Copyright 2023 Nexstar Media Inc. All rights reserved. There's been a minimum age limit to hold various federal offices for centuries. So in other words, if the VP and enough members of government agree that the president is unable to discharge the duties of office for any reason (such as dementia) they can remove the president from office immediately. Only three others before him were in their 70s while in the White House. Plus, those who do pay attention, who are the most engaged, are just as likely to overlook signs of serious agingeven senilityin their desire to see their favorite candidate win. Stack Exchange network consists of 183 Q&A communities including Stack Overflow, the largest, most trusted online community for developers to learn, share their knowledge, and build their careers. Why You Shouldn't Expect Age Limits for Politicians Anytime Soon Presidents rarely believe they are not up to the job, no matter how sick, and getting a Cabinet made up of presidential appointees to engage in a soft coup, especially against an unwilling president rallying his own partisans against the effort, is a very steep and convoluted hill to climb. Federal judges can retire or take senior status, with the option of a Why aren't there upper-age limits for government officials in the US? First, the President and Vice President must be 35 years of age or older when assuming office; a Senator must be 30 years of age, and a member of the House must be 25 years of age. That's not being cruel, that's being . And this is, ultimately, a family decision," Biden told reporters earlier this month. Access audience intelligence, brand tracking and research about your sector. They can take a day off, or even a week or a month. @RoyalCanadianBandit I am aware of those instances, although in fairness, electing a dead guy immediately results in a vacancy as the dead guy can't take the oath of office. 82 Watch how Joe Biden has aged from 1974 to 2022 Watch how Joe Biden has aged in a political career spanning 50 years. In 2014, Federal appeals Judge Alex Kozinski and two other federal judges rejected arguments that Lindsays rights were violated under the First Amendment and the 14th Amendments Equal Protection Clause and that the 12th Amendments language didnt allow states to set age requirements. assume the powers and duties of the office as Acting President. An individual has to be at least 35 years old to hold the office. Under the so-called seniority system, members of Congress are able to gain power simply by remaining in office; their standing within such a hierarchy is dependent solely on the length of their tenure. Term, age limits are needed for presidents, Supreme Court, Congress The presidency is unique among our system of separated powersin that, unlike Congress and the Supreme Court, it isnever is out of session. Mason, who was 62 years of age, argued that a requirement of 25 years of age was needed for the House because of his own experience. He noted the existence of term limits on the presidency, while quipping that his openness to the idea might make him a "pariah" within the party. In America, as the President is to be one of the people at the end of his short term, so will he and his fellow citizens remember that he was originally one of the people; and that he is created by their breath. Civil discourse initiative: Are term limits worth it or do they This story was originally published on September 26, 2022 and has been updated to include recent developments. Mandel Ngan/AFP via Getty Images @DariM: Perhaps it has no scientific basis, but it certainly has a practical one, experience. hide caption. Ron Sokol. At the time, he was the oldest person ever to claim the Oval Office, and many wondered then whether he was too old. That doesnt mean that a few underage people havent been admitted to the Senate, despite the Constitutions intent. In actuality, life begins at 80!. He told CBS 60 Minutes that his answer to the age question is, "Watch me," citing his schedule and energy level. Years after Reagan left office, the nation would learn he had Alzheimer's disease, a degenerative condition that eventually claimed his life. Here's why that won't happen anytime soon. hide caption. At least three Senators Henry Clay, Armistead Mason, and John H. Eaton took their Senate oaths before they were legally 30 years old. Moreover, as we now know, the fact that a president is not well rarely becomes public at the time. 'I hope there's an age limit': Jimmy Carter says he couldn't have "That often takes decades. He deflected the issue with humor, saying he wouldn't exploit his opponent's "youth and inexperience.". Infamously, the three leading Democrats in the House are 79, 78, and 79, for a staggering combined age of 236, making the Democratic leadership team older, in aggregate, than the Constitution . Dementia at an advanced age was a significantly less salient issue in 1789, when life expectancies were much shorter, than they are today. "I don't know how you do that. Learn more about Stack Overflow the company, and our products. Interpretation of Ricci and Scalar curvature. In other words, if judges retire once meeting the "rule of 80" they can get the same pay with less taxes without doing any work, and can take senior judge assignments in the discretion of the chief judge of their court for additional pay, while vacating their position. "the compensation system for federal judges in the United States creates a very powerful economic incentive to retire at a reasonable retirement age by virtue of how the defined benefit pension plan works, that most judges assent to not long after reaching that age." As virtually everyone covering this years run for the presidency has noted, the three remaining candidates of note are older than 70. Ailshire's research has shown that while many older individuals will start to experience physical declines in their 70s, there are people who avoid these declines. In an earlier debate, Reagan had seemed fuzzy on facts. U.S. 71 Percent of U.S. David Longstreath/ASSOCIATED PRESS The upper age limit for serving as U.S. President is eight years older than the candidate was when he was elected, with voter review after four years. Drawing that exact line (at say, 70) will admittedly be judged as being arbitrary. All Rights Reserved. Is the law of identity the same for negative expressions? He feared the indiscriminate and hasty admission of people to Congress that might create a channel for foreign influence on the national councils., James Monroe also wrote about the presidential age requirement making it difficult for a father and son to serve in a dynastic way. as well as other partner offers and accept our. It was 40 years ago that, at the age of 69, Ronald Reagan was elected President and one month later would turn 70. Residence. ", "So people wait. "In order to be a member of Congress, even in a safe district, you have to be on the top of your game.". That included Reagan's opponent, veteran senator and former vice president Walter Mondale, age 56 even as he knew his slim chance of beating Reagan had just vanished. written declaration that the President is unable to discharge the If Joe Biden were elected, he would be 78 upon becoming President. Those include term limits, overhauling the seniority system, and fixing the campaign finance system. And he joined others in pushing back on age limits. I've had a good run," he said, explaining why he made what he called the "mature" decision to step down. Geometry nodes, how to select the boundaries of mesh islands? If Biden reclaims the White House, he would be 82 years old at the beginning of his second term in January 2025. When speaking of military uniforms, he struggled and came up with the word "wardrobe," a term more appropriate to his years as a movie star. To subscribe to this RSS feed, copy and paste this URL into your RSS reader. Heres what you need to know about how age will play a role in the 2024 election. If he was garroted, why do depictions show Atahualpa being burned at stake? Bush, to succeed him. He's already 89. On the other hand, the job is so demanding that voters naturally ask if a candidate is up to the task. "If there were to be term limits, the legislature certainly should have more terms than the executive," he offered. The more immediate problem, according to lawmakers critical of the aging nature of American politics, is that the country's oldest politicians have not just the incentive to stick around but the power to remain entrenched. The White House, however, has rejected criticism about Biden's age, saying he is healthy and fit to serve in office. "I've not given thought to whether any reevaluation of those limits is called for.". The U.S. Constitution imposes three eligibility requirements on anyone thinking about running for president. WALSH: Biden Is Showing Us Why There Needs To Be An Age Limit On The Prior to the most recent presidential elections, former President Ronald Reagan was the oldest person to seek the presidency run for office, she said. For trial court judges, the prospect of appellate review of their decisions partially mitigates the risk of a judge making bad decisions due to declining intellectual capacity. But if voters do have concerns about candidate's age, that's an issue they can watch for on the campaign trail leading into next year's election. President Ronald Reagan, 1984: "I will not make age an issue of this campaign. Scott Bomboy is the editor in chief of the National Constitution Center. I've known some people sharp in their mid-90s. Why are lawsuits between the President and Congress not automatically sent to the Supreme Court. taxes for Social Security or Medicare. In Canada, Senators may only hold office until age 75. TIME By clicking Accept all cookies, you agree Stack Exchange can store cookies on your device and disclose information in accordance with our Cookie Policy. "I'm concerned that politics has become a gerontocracy," he said. But she declined the role, and Senate Democrats elected the 72-year-old Democratic Sen. Patty Murray of Washington to the job instead. One thing Americans agree on? Our politicians are too old. Link couldn't be copied to clipboard! Madison talked about the need for senatorial trust which required greater extent of information and stability of character that the senator should have reached a period of life most likely to supply these advantages., Madison also discussed some points that some scholars believe led to the age requirements: a distrust of foreign influence and a fear of families trying to put children in place in federal office to serve in a hereditary manner. In the absence of an age cap, term limits offer another potential solution, though that too would require going through the arduous constitutional-amendment process. In practice, age is frequently raised as an issue in the Presidential nomination process and in Presidential elections, although it is hard to identify a particular election in which it was a decisive factor. There are mandatory retirement ages for some other jobs, such as airline pilots (age 65) and in most U.S. states, judges. There are no age requirements for Supreme Court Justices. Make more money working. Why do the more recent landers across Mars and Moon not use the cushion approach? Genes and ones lifestyle obviously matter. Level of grammatical correctness of native German speakers. "It's an institution that prioritizes seniority to the exclusion of everything else.". Perhaps when life expectancy was shorter, the Constitutions framers thought there was no need to put a cap on how old a person might be to be president. Why does a presidential candidate need to be 35 years old anyway? The Constitution clearly spells out three age requirements for public office. This doesn . ", "The 85-and-up population is really going to skyrocket in the 21st century," he added. "I don't think Senator Dole is too old to be president. What if while in office one of these officials starts to develop dementia or some other age related disease that affects their judgement or thinking skills? Those present in the auditorium, including this writer, felt a rising sense of discomfort as Reagan continued on, aimlessly. He has said he will be talking with his family during the next couple of months about whether to make good on an intention to seek a second term, at the end of which he would be 86. If a chief judge feels that a senior judge is no longer intellectually able to do the work, the chief judge can decline to assign a senior judge to more cases. The arguments in favor of limiting the country's oldest people from serving in public office involve a series of distinct concerns: that younger people need to be better represented in politics, that humans typically experience cognitive and physical decline with age, and that with both technological innovation and societal change, it's simply time for a new generation with more intimate knowledge of these issues to be given the chance to lead. That doesn't mean Torres doesn't see a problem. The Framers obviously thought that setting a. If elected, Donald Trump will be 74 when sworn in for a second term. And the advanced age of the country's top political leadership is striking, particularly when viewed through the lens of history. Some voters are looking for a fresh face in the crowd, potentially someone youthful with no political experience. The U.S. constitution specifies a minimum age requirement of 25 for the House of Representatives, 30 for the Senate, and 35 for presidents, but does not address a maximum. You would have to amend the Constitution?" Senators is currently 64 and the average age of U.S. House members is 58. The history of the contemporary movement for term limits largely dates back to the early 1990s, when dozens of states enacted term limits not just for their own legislatures but for their federal representatives in Washington. Washington's power class is also aging across the board; the current Congress is the oldest in the nation's history. A minimum requirement of 35 for President for example has no real basis in any accepted scientific measure or anything like that. For the Senate, it's 30. This can occur for various reasons including: President's death President's resignation President's temporary incapacitation If the vice president and a majority of the cabinet deem the. His Republican challenger was Bob Dole, a longtime senator who was then 73. But it's a politician's views on policy that are most important, Sanders said. All lines of this kind are. Term limits in the United States - Wikipedia While Republicans, generally antagonistic toward the federal government, have generally been quick to affirm their support for the idea, Democrats have not. It seems better to head off reliance on this messy and uncertain process by amending the Constitution to set an age limit on who can become president. 1 Because dementia does not affect all people, and of those affected, not all are affected at the same age. The average age of U.S. my neighbor, who was mentally acute up until his death, at 102.) As explained in the linked material: Financial concerns were paramount for judges who retired after senior But in the absence of extensive gene testing and invasive lifestyle background checks, the rule of thumb probably should be that older means precisely that. "It seems like the de facto threshold for running for president is not 35, but 80," said Democratic Rep. Ritchie Torres of New York, who at age 34 can serve in Congress but can't yet serve in the nation's highest office. powers and duties of his office, the Vice President shall immediately Further, that older people tend to look at younger people (not without some justification) as less "wise", experienced, and competent, and that older people too frequently do not imagine or perceive their own decline in ability, and even if they do they have no interest in giving up what power and privilege they may have acquired. The moderator, NBC's Edwin Newman, finally interrupted and cut him off. While he's at 6.1 percent in the RealClearPolitics average now, he was at 3.1 percent a month ago and 2.2 percent the month . This is why we have the 25th Amendment. The one discussion of note involved two important Founders: James Wilson, a future Supreme Court Justice, and George Mason, a constitutional dissenter. Do any Republican Senators oppose replacing Justice Ginsburg on the Supreme Court before the election? my neighbor, who was mentally acute up until his death, at 102.) Get the inside scoop on todays biggest stories in business, from Wall Street to Silicon Valley delivered daily. Discrimination based on age is sometimes also called ageism. What voters should watch out for is the physical and cognitive fitness of a candidate, she added. But service ceilings aren't entirely alien to politics: Thirty-one states and the District of Columbia require state-level judges to retire when they reach a certain age, generally 70 to 75. The person currently third in line to the presidency is the 82-year-old Democratic Sen. Pat Leahy of Vermont, the president pro tempore of the Senate. As Americans, especially elites, live . "Puppies have a nap. "He's a person with great vision for our country. Last month, SpaceX and Tesla founder Elon Musk tweeted, Let's set an age limit after which you can't run for political office, perhaps a number just below 70.. "I hope there's an age limit," Carter said with a laugh as he answered audience questions on Tuesday during his annual report at the Carter Center in Atlanta.

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