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While the Constitution provides minimum age limits to run for federal office (25 in the House, 30 in the Senate, 35 for president), there’s no limit to how old someone can be as a member of Congress, a Supreme Court justice or commander-in-chief.
And many federal leaders certainly aren’t retiring early. The average age of a member of Congress is 61 — and many have worked well into their late 80s or beyond. Trump and Biden are both deep into their senior years — 78 and 81, respectively.
Still, Democratic delegates at the Democratic National Convention, who nominated Kamala Harris, 59, as their presidential candidate, overwhelmingly told Raw Story they wouldn’t want to put an age limit or mandatory retirement age on anyone in the executive, legislative or judicial branches of government.
Carole Cadue-Blackwood, Kansas delegate, gave an emphatic “no” to Raw Story’s question.
Gina Spade and Carole Cadue-Blackwood, Kansas delegates (Photo by Alexandria Jacobson / Raw Story)
But, she added: “I would think there would be a competency exam,” Cadue-Blackwood said.
Guy Cecil, a delegate from Washington, D.C., and longtime Democratic political operative, says an age limit isn’t necessary.
Guy Cecil, D.C. delegate (Photo by Alexandria Jacobson / Raw Story)
“I think ultimately voters should make the right decision. They can assess the ability of the candidates, the age of the candidates,” Cecil said. “I think we should leave it in voters’ hands to make those decisions.”
Carl Donovan, a Montana delegate, said age limits aren’t necessary because voters have the ability to vote out members of Congress — plus term limits exist for the presidency.
Carl Donovan, Montana delegate (Photo by Alexandria Jacobson / Raw Story)
Democratic delegates are somewhat out of step with most Americans on the issue of age limits, with a Business Insider/Morning Consult poll in 2022 finding that about three in four Americans supported age limits for politicians — and more than four in 10 viewed the ages of political leaders as a "major" problem.
And, of course, the Supreme Court doesn’t have any service restrictions — no age caps, term limits or the ability to be voted out of their jobs. Justices — along with all federal judges — enjoy lifetime appointments.
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In one extreme example last decade, a U.S. district court judge served until he was 104. He died while still actively presiding over cases.
“I think there should be term limits for the Supreme Court, whatever number amount of terms that is,” said Tony Vauss, mayor of Irvington, N.J. “But as far as the presidency, there's already term limits for two-term limits, so, I'm pretty happy with that.”
Tony Vauss, New Jersey delegate (Photo by Alexandria Jacobson / Raw Story)
While Vauss wants the Supreme Court to be more “above board” and “nonpartisan,” he still doesn’t support an age limit, especially in the context of Biden.
“He's done more in four years than most presidents have done in their entire time,” Vauss said. “It's not about age. It's about what you can accomplish.”
Brandon Williford, a Wisconsin delegate, wasn’t sure about the idea of an age limit.
Brandon Williford, Wisconsin delegate (Photo by Alexandria Jacobson / Raw Story)
“That's a great question,” he said. “I think you gotta just leave it up to the people. I mean, just maybe do a referendum, or do some type of surveys or something like that. We got a democracy so let’s get people to participate in that.”
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One South Carolina delegate, originally from Puerto Rico, pointed out that the territory’s Supreme Court justices have a mandatory retirement age at 70 years old.
That delegate, Mayra Rivera-Vazquez, said the age limit in Puerto Rico has “been working perfectly” and gives way to “a new generation.”
Mayea Rivera-Vazquez, South Carolina delegate (Photo by Alexandria Jacobson / Raw Story)
“You need new people and new vision, new ideas,” Rivera-Vazquez said. “I'm kind of hesitant about the Congress because sometimes we have younger people and new people, but we also need the wisdom of older people.”
Rivera-Vazquez acknowledged that her congressman, Rep. Jim Clyburn (D-SC), is in his eighties.
“I don’t think you should be penalized just because you’re a senior person,” she said. “Eventually, we'll all be senior, too.”
As for the U.S. Supreme Court, which has come under intense scrutiny for apparent conflicts of interest and partisanship, Rivera-Vazquez said she’d be open to an age limit.
“It’s about time,” she said.
