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# There’s no age limit for politicians − As people live longer, should that change?
- URL: https://www.europeans.today/2023/08/28/theres-no-age-limit-for-politicians-as-people-live-longer-should-that-change/
- Published: 2023-08-28T00:00:00.000Z
- Updated: 2023-08-29T02:06:36.000Z
- Description: While there are minimum age requirements for people who want to hold political office in the US, there are no limits on when someone must retire.
- Author: Nancy S. Jecker
- Tags: Politics, Ageism, Analysis, Joe Biden, Dianne Feinstein, Mitch McConnell, Politicians, Lifespan, Old Age, Ethics in Politics, Retirement, US Politics, United States

### While there are minimum age requirements for people who want to hold political office in the US, there are no limits on when someone must retire.

P resident Joe Biden was “[fine](https://twitter.com/WHCommsDir/status/1664347179282997258?s=20&ref=europeans.today),” according to White House Communications Director Ben LaBolt, after tripping over a sandbag at a U.S. Air Force graduation ceremony on June 1, 2023\. 

But his fall was caught on live camera – and people on [social media](https://twitter.com/search?q=biden%20trips%20at%20US%20Air%20Force%20Academy&src=typed%5Fquery&ref=europeans.today) speculated about what was behind it.

Biden, approaching his 81st birthday in November 2023, is the [oldest serving U.S. president](https://thehill.com/changing-america/enrichment/arts-culture/3744771-here-are-the-oldest-us-presidents-to-ever-hold-office/?ref=europeans.today). He shares the distinction of old age with a growing number of politicians, including U.S. Sen. Dianne Feinstein, who, at age 90, is the oldest person in the Senate and has served as [senator since 1992](https://www.feinstein.senate.gov/public/index.cfm/biography?ref=europeans.today).

Some people – from fellow Democrats to [the *New York Times* editorial board ](https://www.nytimes.com/2023/05/05/opinion/dianne-feinstein-senate.html?ref=europeans.today) – have questioned whether Feinstein can fulfill the duties of her job, citing incidents in which she stumbled over words. Feinstein began reading prepared remarks during a Senate appropriations hearing vote on July 27, 2023, until her democratic colleague, [Sen. Patty Murray, whispered to her, “Just say aye.”](https://www.cbc.ca/player/play/2250078787777?ref=europeans.today)

Feinstein was also absent for prolonged periods with various illnesses, including [shingles](https://www.mayoclinic.org/diseases-conditions/shingles/symptoms-causes/syc-20353054?ref=europeans.today) and [encephalitis](https://www.mayoclinic.org/diseases-conditions/encephalitis/symptoms-causes/syc-20356136?ref=europeans.today) from February through May 2023\. She later told journalists that she “[hasn’t been gone](https://www.theguardian.com/us-news/2023/may/16/dianne-feinstein-says-hasnt-been-gone-from-senate?ref=europeans.today#:%7E:text=When%20he%20and%20another%20journalist,that%20she%20had%20never%20left.&text=)” and simply worked from home during her illness.

In July 2023, 81-year-old Sen. Mitch McConnell trailed off and froze mid-sentence while speaking at a lectern to the press. Aides ushered him off camera. McConnell later said, “[I’m fine](https://newrepublic.com/post/174621/hell-just-happened-mitch-mcconnell-press-conference?ref=europeans.today),” when journalists questioned him about the incident.

Such incidents prompt the question: Can politicians be too old to serve in office? Should society make retiring at a certain age mandatory for elected officials who run the country – like presidents and senators?

[I am a philosopher and bioethicist](https://depts.washington.edu/bhdept/nancy-s-jecker-phd-sheher?ref=europeans.today) who studies [ethics related to individual and societal ageing](https://global.oup.com/academic/product/ending-midlife-bias-9780190949075?cc=us&lang=en&&ref=europeans.today#:%7E:text=Jecker%20coins%20the%20term%2C%20midlife,raises%20fundamental%20problems%20of%20fairness), and these questions are at the forefront of what I think about. Whatever view one takes on the ethics of age limits for politicians, voting remains the primary way to put one’s views into practice.

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### **Minimum age requirements**

Requirements for U.S. presidential candidates haven’t changed since 1789, when [the *Constitution*](https://guides.loc.gov/sb.php?subject%5Fid=162830&ref=europeans.today) was written. In that era, the [average life expectancy was about 34 years](https://constitutioncenter.org/blog/how-things-have-changed-since-1787?ref=europeans.today) – but varied greatly for people who were slaves or free.

Today, the life span for the average American is [79 years](https://www.macrotrends.net/countries/USA/united-states/life-expectancy?ref=europeans.today). But it tends to be much higher for people like politicians, who are relatively wealthy and [receive good health care](https://www.cdc.gov/about/sdoh/index.html?ref=europeans.today).

In the U.S., a person needs to be 35 years old or older [in order to be president](https://www.loc.gov/classroom-materials/elections/presidential-election-process/requirements-for-the-president-of-the-united-states/?ref=europeans.today). A person must be at least 25 years old in order to serve in the *House of Representatives*, while the minimum age rises slightly to 30 years old for serving in the *Senate*.

### **A question of maximum age limits**

The U.S. [banned age discrimination in workplaces](https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967?ref=europeans.today) in 1967.

Should politicians who lead the country be an exception to this law?

A 2022 *YouGov* poll reported that [58% of Americans want](https://today.yougov.com/topics/politics/articles-reports/2022/01/19/elected-officials-maximum-age-limit-poll?ref=europeans.today) a maximum age for politicians. Those who support age limits usually say that politicians holding office should be no more than 70 years old. That would make [71% of current U.S. senators ineligible](https://www.pewresearch.org/short-reads/2023/01/30/house-gets-younger-senate-gets-older-a-look-at-the-age-and-generation-of-lawmakers-in-the-118th-congress?ref=europeans.today) to hold office. It is unclear how age limits like that could be implemented.

Increasingly, people everywhere will be forced to confront questions about whether a person can be too old to hold public office. [People are living longer lives](https://www.census.gov/library/stories/2023/05/aging-united-states-population-fewer-children-in-2020.html?ref=europeans.today) in the U.S., but the same is true [across the world](https://desapublications.un.org/publications/world-social-report-2023-leaving-no-one-behind-ageing-world?ref=europeans.today).

### **Ethical arguments for age limits**

Considering age limits for high-ranking politicians poses certain ethical questions that do not have a clear answer.

Staying in office despite health problems can threaten public safety. An American president holds immense power – including the ability to launch nuclear weapons. Members of *Congress* are responsible for making laws, declaring war and controlling taxes and spending.

Defenders of mandatory retirement say [older people have had their turn](https://pubmed.ncbi.nlm.nih.gov/9158965/?ref=europeans.today#:%7E:text=Four%20important%20characteristics%20of%20the,an%20aversion%20to%20inequality%3B%20and).

Yet, if giving everyone a fair turn is the goal, why not cap the number of years worked? Like age limits, however, capping years [would disproportionately affect older workers](https://doi.org/10.1111/josp.12471?ref=europeans.today) – and some say that’s unjustly discriminatory.

Even without age cutoffs, age could still be a way to flag other relevant factors, like health.

[As people age, they face a heightened risk of chronic disease](https://doi.org/10.1371/journal.pone.0229160?ref=europeans.today) and of having multiple chronic conditions. Chronic health problems can interfere with daily functioning and put older politicians at higher risk of performing poorly on the job – for example, falling.

Testing health – or, even better, job performance – is another option. Testing workers of all ages at regular intervals avoids ageist stereotypes.

Biden undergoes an annual health screening and has been deemed “[fit for duty](https://www.whitehouse.gov/wp-content/uploads/2023/02/Health-Summary-2.16.pdf?ref=europeans.today).” Should Feinstein and McConnell be held to the same standard? That raises the thorny question, what if physicians disagree about a politician’s health and ability to remain in office?

### **Ethical arguments against age limits**

Health checks differ from compulsory retirement.

In rich Western countries, people do not retire because they can no longer work –retirement is not correlated with an [actual reduction in physical or intellectual capabilities](https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4214452/?ref=europeans.today).

Instead, [people’s health](https://doi.org/10.1136/jech-2015-207097?ref=europeans.today) tends to decline [after retiring](https://doi.org/10.1371/journal.pone.0220857?ref=europeans.today).

[Those who oppose compulsory retirement](https://onlinelibrary.wiley.com/doi/abs/10.1111/josp.12471?ref=europeans.today), [myself included](https://www.seattletimes.com/opinion/the-corrosive-power-of-ageism/?ref=europeans.today), say that mandating retirement generates ageism, or negative stereotypes based on age.

Experts have shown that older people are diverse, and they separate biological ageing – like physical wear and tear on the body – from chronological ageing.

In addition to stereotyping older people, forced retirement [violates principles of equality](https://doi.org/10.1111/josp.12471?ref=europeans.today). People equally able to perform a job deserve equal chances to continue to work, independent of factors unrelated to job performance, such as age, race or gender identity.

Supporters of age-based retirement, meanwhile, say that this policy [treats people equally over time](https://books.google.com/books/about/Am%5FI%5FMy%5FParents%5FKeeper.html?id=hGpHAAAAMAAJ&ref=europeans.today), since all young people eventually become old. Yet others disagree, insisting that [the point of equality is creating a community of equals](https://doi.org/10.1086/233897?ref=europeans.today), and discriminating against older adults falls short.

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### **The people decide**

People supporting a maximum age limit for the president and members of *Congress* have launched online [*signature campaigns on* Change.org](https://www.change.org/p/president-of-the-united-states-maximum-age-limit-for-congress-and-presidency?ref=europeans.today). But these efforts would require a constitutional amendment and have not gained major traction.

Two Republican senators also [introduced an amendment](https://www.cruz.senate.gov/newsroom/press-releases/sen-cruz-introduces-constitutional-amendment-to-impose-term-limits-for-congress?ref=europeans.today) to the U.S. *Constitution* in 2023 that would allow senators to serve only two six-year terms and *Congress* members to serve three two-year terms. *Congress* has voted down [previous proposals to set term limits](https://crsreports.congress.gov/product/pdf/IF/IF12343?ref=europeans.today).

At the state level, [16 states limit terms](https://www.ncsl.org/about-state-legislatures/the-term-limited-states?ref=europeans.today) for legislators – but not necessarily because of age concerns. Direct age limits are under consideration in South Dakota, which will [vote in 2024](https://apnews.com/article/north-dakota-congressional-candidates-age-limit-e8c321aa3b180f51607899876750f066?ref=europeans.today) on a ballot measure to amend the state’s constitution and establish an upper age limit of 80 years for congressional candidates.

Since the government sets age minimums for *Congress* and the presidency, should there be maximum limits, too? This question remains open. In a democracy, we the people decide by voting.

![PMP Magazine](https://storage.ghost.io/c/15/40/1540bec0-7154-4feb-b8e1-97f579155b08/content/images/2021/09/end-flat-1.png "PMP Magazine") 

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### **Sources:**

##### ▪ **Text:** This piece was originally published in [The Conversation](https://theconversation.com/theres-no-age-limit-for-politicians-as-people-live-longer-should-that-change-211318?ref=europeans.today) and re-published in PMP Magazine on 28 August 2023\. | The author writes in a personal capacity.

##### ▪ **Cover:** Adobe Stock/[wetzkaz](https://stock.adobe.com/uk/contributor/201776367/wetzkaz?ref=europeans.today).

  
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![The Conversation](https://counter.theconversation.com/content/211318/count.gif?distributor=republish-lightbox-basic)