Congressional age limit proposed in North Dakota in potential test case for nation

[BumRushDaShow]

Source: AP

Updated 5:18 PM EST, February 9, 2024


BISMARCK, N.D. (AP) — North Dakota would be the first state to set an age limit for U.S. Senate and House candidates under a measure that could go before voters in June, though it’s unclear whether a state limit on federal officeholders would violate the U.S. Constitution.

The move comes at a time of heightened interest in the topic given the advanced age of some congressional leaders and the leading presidential candidates in both parties. At least one political observer said the move could be an effort to create a test case for the nation.

“It’s been an issue in North Dakota, it’s been an issue nationally,” said measure chairman Jared Hendrix, who led a successful 2022 initiative that set term limits for North Dakota’s governor and Legislature. “We don’t want to have those problems here, so it’s not some theoretical legal position. I mean, these are actual situations with real consequences.” The sponsoring committee for the measure includes current and former lawmakers.

Supporters of the initiative on Friday submitted nearly 42,000 signatures, far more than the roughly 31,000 signatures required to qualify for the June 11 ballot. The secretary of state’s office has until March 15 to review the signatures.

Read more: https://apnews.com/article/north-dakota-congress-ballot-initiative-e19fddb2b88d2787d77f16f891319bcf

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it’s unclear whether a state limit on federal officeholders would violate the U.S. Constitution.

It probably would based on some of the back and forth at the SCOTUS 14th Amendment oral arguments (where something like state-imposed "term limits" on federal office holders were brought up as an example of altering Constitutional written "qualifications" ).

[Bludogdem]

1. It is clearly unconstitutional

Term Limits v Thornton


https://supreme.justia.com/cases/federal/us/514/779/#:~:text=Term%20Limits%2C%20Inc.-,v,%2C%20514%20U.S.%20779%20(1995)&text=States%20cannot%20impose%20additional%20restrictions,those%20provided%20by%20the%20Constitution.

[aggiesal]

4. Also age discrimination, by the government no less. n/t

[azureblue]

2. wrong test

it should be a test of
1- qualifications - Remember, they are applying for a job. What relevant experience do they have? What do they understand the job entails?
2 - A test on US civics and government
3 - A test on the provisions of the Constitution, and a basic test on Constitutional law.
No pass means you do not get to run for office. Simple and easy.
And maybe a harder test before they are seated. If they fail that, then they don't get seated until they do.

Of course the GOP will reject this because that bunch of dumbasses couldn't pass a test on 5th grade English

[Progressive dog]

3. The Constitution is not unclear

There is already an age limit in the Constitution.

[sinkingfeeling]

5. Interesting, if SCOTUS rules Colorado cannot set limits on who can appear on a ballot then this would have to be

disallowed as well.

[BumRushDaShow]

6. Yeah

Just based on the back and forth yesterday, any kind of state-mandated alterations to Constitutionally- and/or federal legislative codified "qualifications", would most likely be unconstitutional.

With respect to "age", the Constitution spells out "minimum age" for the positions of President (35), House member (25), and Senate member (30), but there is no "maximum" age.

[TomSlick]

7. Exactly.

The Constitution sets the qualifications for senators and representatives. A state cannot add or subtract from those qualifications. U.S. Term Limits, Inc. v. Thornton, 514 U.S. 779 (1995).