When Older Politicians Cling to Power

In recent weeks, the health struggles of American political veterans have reignited discussion about the age of elected officials and their ability to serve. Voters are increasingly concerned about how old those who work at passing laws and imposing regulations on Americans are.

Though there is no age limit for members of Congress, close to 20 representatives from both parties are over 80 and continue to serve in both chambers. For example, Grace Napolitano, Democratic congresswoman from California, is 86. Republican Hal Rogers, from Kentucky, is 85, as is New Jersey Democrat Bill Pascrell Jr., while Maxine Waters, Democrat from California, is 84. And 83-year-old Democratic representative Nancy Pelosi promised last week to seek another term in 2024.

It is hardly better in the Senate. Iowa Republican Chuck Grassley is 89, while Bernie Sanders is 81, as is his Republican colleague Mitch McConnell, who says he wants to finish his current term at least.

Obvious Health Problems

The problem is that McConnell, the Senate Republican leader, has recently had two high-profile episodes where he experienced a mental lapse.

The first one began like this: “Good afternoon, everyone, we’re on the path of finishing the NDAA this week. Been good bipartisan cooperation and a string of …” Then McConnell stopped and stared into space for close to a minute before his colleagues intervened.

“Are you OK, Mitch?” asked Sen. John Barrasso of Wyoming. “Is there anything else you want to say to the press or should we just head back to your office?”

According to McConnell’s office, it is more fear than illness. But several weeks later, when questioned about his plans to run again for office, he claimed that he did not hear the question and was thus unable to answer, his eyes staring off for 30 seconds. There, again, his aides intervened.

Malicious tongues say that President Joe Biden is only one “McConnell episode” away, pointing the finger at his hesitation and faltering steps.

The Democrats are not to be outdone, as Sen. Dianne Feinstein, 90, was hospitalized last February for severe neurological complications due to shingles that affected her brain and her facial expression. At 90, Feinstein has suffered for more than a year from serious health issues, leading numerous people to question her fitness to carry out her duties.

Since her return to the House, Feinstein has appeared as if she did not know what she was doing multiple times or what her role was during a hearing. She had to be reminded by a colleague to simply say “aye” while voting in favor of the military budget.

An Increasingly Higher Average Age

It should be noted that that the median age of American senators is a record 65; for representatives in the House, it’s 58. Not to mention that in the White House, President Biden, at 80, is the oldest president in U.S. history and he is hoping to remain in office until the age of 86 should he win a second term next year.

The Washington Post compiled the age brackets for all elected officials. Six percent are from the Silent Generation, aged 80 or higher, while Baby Boomers make up 48%; politicians from Generation X make up only a third of all seats. Far behind are the millennials, like Democrat Alexandria Ocasio-Cortez or even Republican J. D. Vance, holding 12% of the seats in Congress. Alone in her corner is Maxine Frost, the sole representative from Generation Z. Suffice it to say that the average age of Congress is far from changing anytime soon.

The fact remains that age still plays a major role at the Capitol, and long-serving members of Congress tend to be more influential within their party and head up major committees.

Can Age Limits Be Imposed?

Yes, the Constitution provides age limits but only as to the minimum age required to run for office: 25 years old for the House, 30 for the Senate, and 35 for the presidency. After that, the sky’s the limit.

In fact, limits on the maximum age to serve in office are deemed unconstitutional.

Arkansas tried to change the rules in 1995 by refusing to allow representatives and senators who have completed three and two terms respectively to seek a further term.

“In this case, Arkansas voters, through a state amendment, sought to impose not age limits, but term limits,” explained Jeremy Paul who teaches at Northeastern University School of Law in Boston. “But the Supreme Court of the United States ruled that the state did not have the power to do it, and that the qualifications outlined in the Constitution were fixed and exclusive and could not be modified.”*

Change the Constitution?

According to polls, Americans would favor changing the rules concerning age. Between 67% and 75% support imposing an age limit for members of Congress and, in some cases, even the president. Elected officials’ health concerns and remarks by Biden that are not always intelligible provide them ammunition.

But even if legislators, or voters, wanted to again propose a change to the Constitution to set an age ceiling, the attempt would more than likely be doomed. It would, in effect, be up to Congress to approve a Constitutional amendment. And for this to happen, it would generally require a two-thirds vote by the House and Senate, and the vote of three-quarters of the country’s state legislatures. Needless to say, it would be virtually impossible in the current context of congressional dysfunction and extreme polarization among the states themselves.

“In the history of the United States, only 27 times has an amendment to the Constitution been brought forth and it was often to expand the right to vote for women, African Americans, or even those 18 years of age and over,” Paul adds.*

Getting to the Root of the Problem

For Prof. Paul, the real solution to the problem is found elsewhere: egregious gerrymandering, the electoral redistricting that politicians impose to ensure a supermajority in upcoming elections.

Republican and Democrats use a virtual political scalpel to trace district boundaries that distribute votes according to what they need to win.

“If I am a Republican in office,” Paul explains, “and I am 60, 70, or 80 years old, and in a Republican district, I am really not facing any competition. The same for Democrats.” Which would explain the tendency for elected officials of any age to run since, according to Paul, they can thus be assured successive reelection with little difficulty.*

Such redistricting imposed as a result of political partisanship be it Republican or Democratic, hinders change and political renewal.

Add to this voters who will always vote Republican if they are Republicans, or Democratic if they are Democrats, and you are left with a political stasis that benefits politicians who have been in office a good long time and are all too happy to guarantee themselves a long career.

In short, for now, American gerontology still has a bright future ahead.

*Editor’s Note: While accurately translated accurately, these quoted remarks could not be independently verified.