TMC Episode 38 - Aging Politicians and the 28th Amendment

The Mad Centrist

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The United States has a problem. Our elected officials keep getting older and older. The Constitution says nothing about the elderly serving in Congress, the White House, or on the Supreme Court. Let's examine this and maybe make some history too!
Notes:
Members of Congress by Age 8 Oldest Members of Current U.S. Senate (Updated 2024) - Oldest.org
More than half of Americans support a maximum age limit for elected officials | YouGov
The Strange Saga of the 27th Amendment | HISTORY
28th Amendment proposed:
The Constitution of the United States shall be hereby amended with respect to limitations of the three branches of government.

Congress shall maintain the restrictions to become elected that are currently in place in Article I. An additional requirement of an upper age limit shall be established, creating a 40-year timeframe within which one may assume and maintain the Congressional seat. For members of the House of Representatives this shall mean no member may serve upon reaching 65 years of age. For members of the Senate this shall mean no member may serve upon reaching 70 years of age.

The Office of the President and Vice President shall maintain the restrictions to become elected that are currently in Article II, and the 22nd Amendment. An additional requirement of an upper age limit shall be established, creating a 40-year timeframe within which one may assume and maintain the Office of President or Vice President. For the President and Vice President this shall mean no office may be held upon reaching 75 years of age.

As the Judiciary establishes no restrictions to be placed on the Supreme Court, or other established or ordained inferior courts, in Article III, those restrictions shall be established here. The restrictions shall mirror those of the President and Vice President in Article II, and as amended above. Thus, a Justice shall not assume a position until reaching the age of 35 and shall be required to retire at the age of 75. The requirement of maintaining good behavior as established in Article III still applies.
This amendment shall not be enforced on any current member of Congress in office at the time the amendment is ratified. A current sitting President or Vice President shall not be required to leave office upon ratification, but, based on age, will be restricted on assuming the office for a second term. Any sitting federal court Justice, below the age of 75, shall be subject to this amendment. This amendment shall not be enforced on current Justices above the age of 75 at the time of the amendment’s ratification.
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