President Joseph Biden, age 80, is a candidate for reelection for a second term, after which—if he wins—he will retire at age 86. Is there any way to put a stop to this madness? We might consider a few facts before we get too close to Nov. 2024.
One relevant data point comes from the Centers for Disease Control. The average life expectancy in the US is 76.4 based on its latest mortality data. For men, the age is 73.5.
Our previous oldest president, Ronald Reagan, was just shy of 70 at his first inauguration. He finished his eight years in office before turning 78. Thus, he ended his two terms at a younger age than Joe Biden started his first.
The average age at death of all presidents who served and have passed is 71.5.
Eight have died in office (18%), with the four who passed from natural causes averaging 64 years of age.
Some presidents live a long time. John Adams, Herbert Hoover, Gerald Ford, George H.W. Bush, and Reagan lived into their nineties. Harry S Truman, 88. James Madison, 85. James Earl Carter might make 99. But none performed as president at advanced age.
Living to a ripe old age does not prove fitness to do the job of president at advanced age. We certainly hope Mr. Biden lives long, but it is time to take away the car keys before we all get hurt. The numbers are against him completing another term, and mental capacity will be an issue if it isn’t already.
Recognize this: His party will not stop this candidacy because he possesses incumbency, always a key to winning. They believe he is their best shot. But there is something we can do to change the entire playing field.
The consequences of presidential disruption should not be ignored. We know that death, incapacity in office, or resignation exact a toll on a nation. We ought to be able to discuss this.
Consider some impacts of an out-of-cycle transition. Uncertainty during a period of incapacitation. Lapses in important decision making. Lack of readiness in a world crisis. Invocation of the 25th Amendment for presidential disability. Proxies taking over duties. Power jockeying at the highest levels. State funeral and national mourning. Selection and confirmation of a new vice president. Cabinet resignations, appointments, and confirmations. Vacating and occupying the White House. Endless news heads talking. Whew!
While we could manage an orderly transition of power through all of this, we should recognize that our national DNA is attuned to a methodical, four-year, cycle.
It is time to define in writing just who is too old to be president. The Constitution is not silent on age and length of service. This was clearly considered and has been modified over time.
On the high end, a constitutional term limit prohibits a third presidential term. Following FDR’s four elections, this was decided in 1951 by the 22nd Amendment. A vice president who becomes president before the midpoint of a presidential term may only be elected as president for one term thereafter. Another limit.
On the low end, age minimums are specified for representative, age 25, senator, age 30, and president, age 35, which is also applicable to vice president under the 12th Amendment. Clearly, age concerns are a constitutional accountability issue.
Today, the presidential two-term limit of eight years is the only constraint. We have nothing to prevent advanced-age candidates. Political parties may put them forth and hope for the best. But we care about how well a president can perform.
We need a Constitutional Amendment to mitigate the risks of incapacitation and dying in office. We should invoke a cutoff age for presidential ambitions to expire to increase the prospects for full-term presidencies.
The 28th Amendment should read as follows: “No person shall commence a term of office as President who has attained the age of seventy-five.” These 17 words save us from a Biden disaster and beyond. They are a firm protection from out-of-cycle succession, national trauma, and candidate delusion.
The 28th introduces objectivity to counter subjective judgments on capacity to serve. It limits the risks of a candidate’s self-advancement at extended age. It forces a quality focus on presidential leadership over against quantity. Governing well over winning elections.
This maximum age “cap” puts the span of presidential suitability at 40 years, ages 35 to 75. By giving presidential ambitions an expiration date, we increase the prospects for two good terms of a presidency while preventing oldsters from shaking everything up.
To pass an amendment, two-thirds of the Congress, both houses, must approve. Then it must be ratified by three-fourths of the states (38), an admittedly high bar.
Now the political rub. If Joe Biden is too old for term two at age 82-86, what about Donald Trump? Is he too old for term two at age 78-82? Biden started term one at 78, which was already too old. We have to conclude that both should be disqualified. Neither can predict their limits of health and lifespan.
Amending the Constitution seems difficult because it happens so seldom. We have 27 amendments. 17 have been ratified since 1791 when Amendments 1-10, our Bill of Rights, came about. We average one amendment per 13.6 years. Amendments are rare and tend to take a while. But not always.
The 12th Amendment fixed the intricacies of the Electoral College, requiring electors to vote for both president and vice president. The original scheme called for electors to vote for two candidates for president, which produced ties. Proposed in Congress on December 9, 1803, it was sent to the states three days later and ratified June 15, 1804, in time for the November election. Elapsed time: 185 days.
As another fast-track example, the 26th Amendment gave the vote to 18 year olds in July 1971. Pressures of the draft of young people for the war in Vietnam played a huge role, prompting ratification just 100 days after its introduction in Congress.
We must amend the Constitution to impose an age cap on all future presidents to minimize disruptions. Doing it now prevents the absurdity of a second Joe Biden inauguration.
Consider this: Why should Congress turn its back on a commonsense proposal that clears the decks of both party “frontrunners” in our hyper-divided age? There’s something in it for everyone!
And the follow-on: Why shouldn’t 38 states ratify? If they balk, they get what would have happened anyway—a Biden/Trump reelection campaign. But they incumber us with the high probability of discontinuity in the next four years.
This 28th Amendment can be a win/win for us all. It makes the presidency stronger for the future. It also brings about the conditions needed for a bi-party political reset!
Bill Porter, a freelance writer, is a former business developer and proposal writer for the IT industry.
The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller.