North Dakota voters will be presented with a ballot this summer that asks if the state should bar anyone from running for the U.S. House of Representatives or Senate if they’d turn 81 during their term. Across the country, there is support for creating a political age limit, but this idea will likely face a large legal battle. One Constitutional scholar in North Dakota argues that this proposal violates a Supreme Court ruling from the mid-1990s, and the high court would have to change its precedent to allow it to be enacted into law.
Questions on age limits have been raised after the death of Senator Diane Feinstein (D-CA), who died last year at the age of 90 while she was still in office, as well as the advanced age of Senate Minority Leader Mitch McConnell (R-KY) who is 82. Donald Trump and Joe Biden are the oldest major-party presumptive nominees in history; Joe Biden would enter a second term at 82 if reelected, and Donald Trump would be 78 for his second inauguration.
According to a Pew survey conducted last year, 79% of Americans support age limits for federal politicians, while 74% believe Supreme Court justices should be subject to age caps. Some experts believe that this is blatant age discrimination, while others argue that age caps and term limits would increase political polarization. However, a CBS/You Gov survey last year revealed that more Americans believe that lawmakers over the age of 75 risk being out of touch with the public and youth, or are unable to do their jobs than those who said their age could lend experience, vast knowledge, and seniority to the position.
The ballot in North Dakota was spurred on by a petition that had over 42,000 signatures. “With no term limits for Congress and the age and cognitive skills of elected officials taking center stage as of late, many are calling for age limits for Congress,” Jared Hendrix, chair of Retire Congress North Dakota said in February. These signatures are enough to put the question on the summer ballot.
In 1995, the Supreme Court ruled in a case titled U. S. Term Limits, Inc. v. Thornton, preventing Arkansas from imposing term limits on its senators and representatives. The Court found that restrictions against politicians could only be enforced if they were present in the Constitution.
