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incumbents national politics & policies term limits

Old as the Hills

“I’ll give up power when you pry it from my cold, dead hands.”

This is the operative principle for today’s politicians.

The examples are so obvious: 

  • Nancy Pelosi, born in 1940, continues to represent California’s 11th District despite having lost the Speakership for the second time, despite having spent nearly four decades in the House of Representatives. 
  • Senator Chuck Schumer, a decade younger than Mrs. Pelosi (and thus not yet an octogenarian), is still serving his fifth term as a senator from New York State.
  • Senator Dianne Feinstein demonstrated extreme mental fragility before dying in office at age 90 — after serving more than three decades.

There are Republican examples, too, but age, as The Wall Street Journal puts it, “is a bigger headache for Democrats than Republicans for one central reason: Democrats have a lot more old members.” While the median ages are nearly identical between the two parties, “of the 20 oldest House members elected in 2024, 16 were Democrats. In the Senate, where tensions over age are more subdued, nearly all of the oldest senators — 11 of the 14 who were older than 75 at the start of this Congress — were Democrats.”

This may strike a sense of dissonance, I know. The old cliché is that Republicans are tired old men and Democrats are wild young (and female) firebrands. But the true nature of the establishment doesn’t quite fit the old saws and preconceptions.

The Journal notes that 70 percent of Americans support an age limit on holding office.

Sure, as the next best thing to term limits! We know the crux of the problem is not age, it is the advantages of incumbency, and the length of time in power.

This is Common Sense. I’m Paul Jacob.


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Categories
initiative, referendum, and recall judiciary term limits

A Second Life for Limits

Will the Supreme Court let states impose limits on the representatives and senators they send to Washington, D.C.?

Thanks to events in North Dakota, there’s a good chance this question is about to asked again

And get a different answer.

The first time was thirty years ago. The case: U.S. Term Limits v. Thornton.

In May 1995, the U.S. Supreme Court held, in a 5 – 4 decision, that states cannot impose restrictions like term limits on their congressional delegations.

But: “Nothing in the Constitution deprives the people of each State of the power to prescribe eligibility requirements for the candidates who seek to represent them in Congress,” observed Justice Clarence Thomas in his dissent. “And where the Constitution is silent, it raises no bar to action by the States or the people.”

Now 61 percent of North Dakota voters have passed a ballot measure to impose an age limit on their congressmen. The 1995 Supreme Court would have ruled it unconstitutional. The only justice serving on the high court then who is still there is Thomas.

Everybody thinks that North Dakota’s outlawing of ancient candidates will be challenged in court. In a June 17 podcast for U.S. Term Limits, its president, Philip Blumel, says that USTL would welcome such a challenge.

“Surely, U.S. Term Limits versus Thornton would be the basis” for the challenge and would thus “provide an opportunity for the U.S. Supreme Court to revisit the issue.”

Moreover, a case brought in federal court won’t necessarily take years to decide, because “sometimes the [Supreme Court] expedites election-​related cases.”

Fingers crossed, everybody.

This is Common Sense. I’m Paul Jacob.


NOTE: Paul Jacob is a former president of U.S. Term Limits and continues to serve on its board of directors. Paul is currently the president of Liberty Initiative Fund, which made significant contributions to North Dakota’s age limits initiative.

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