Constitutional Amendment 28 (Proposed)

 

Before sending this to my respective U.S. Representative and Senator, I invite the Ricochet community to read, reflect and comment on the following proposed Amendment XXVIII to the U.S. Constitution:

As pertains to Article II, Section 1, Clause 5; and Amendment XXII, Section 1:

“No person shall be eligible to the office of President who shall have exceeded the age of seventy-two years by the time of inauguration to the first term of service.”

It’s simple, direct, and addresses a multitude of problems. No candidate, no matter how seemingly hale and hearty, would be eligible if they have exceeded by two years the age of mandatory Social Security (seventy). The high physical and psychological demands of the presidency are indisputable; hoping that the normal and expected consequences of aging will not affect an individual’s capacity to perform the duties of President is wishful thinking at best.

If passed by Congress and ratified by the states prior to 31 December 2023, it would apply to the 2024 General Election. Both political parties would have sufficient time to adjust to the new requirement. Both sides of the “Blue-Red” divide would have the means to “save face” by turning aside from superannuated “senior leaders” whose “best days” are behind them.

Thoughts? 

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  1. Miffed White Male Member
    Miffed White Male
    @MiffedWhiteMale

    MWD B612 "Dawg" (View Comment):

    Doug1943 (View Comment):

    This idea has merit. I personally would require all candidates for office to have completed their military service.

    Of course, someone would take this to court, as violating the ‘equal protection’ clause … I’m surprised they haven’t done this for the limit at the other end. No doubt they will when they have packed the Supreme Court.

    When you make that an Amendment to the Constitution, it doesn’t matter. You can’t say something in the Constitution in unconstitutional. Not that someone won’t try to do so.

    Then why was the Death Penalty ruled unConstitutional for a period of time? 

     

    • #61
  2. Skyler Coolidge
    Skyler
    @Skyler

    Hartmann von Aue (View Comment):

    kedavis (View Comment):

    ToryWarWriter (View Comment):

    Meh.

    I think the USA would be better served by barring anyone from being President who hasnt done a single term as governor of a state.

    It would solve so many problems, and provide a record of accomplishments and failures for any candidate.

    And would have blocked Trump, but then again if we hadn’t had Obama and so many other non-governors, Trump might not have been necessary.

    There have been plenty of whacko governors, though, who became president. Carter, Clinton…

    Ehh…Carter was dull- in spite of being a nuclear engineer- and naive. Clinton was crooked as a dog’s hind legs. Neither was what I would call a loon…while in office.

    It’s amazing how people still think he was naive.  

    • #62
  3. Miffed White Male Member
    Miffed White Male
    @MiffedWhiteMale

    As long as we’re adding qualifications for the Presidency, here’s my proposed amendment:

     

    “No Parent, Child, Spouse [or ex-spouse] of any person who has held any Federal Elected office shall be eligible to hold any Federal elected office.”

     

    No more dynasties.  No more “Family seats” in Congress.

     

     

    • #63
  4. Skyler Coolidge
    Skyler
    @Skyler

    Miffed White Male (View Comment):

    MWD B612 "Dawg" (View Comment):

    Doug1943 (View Comment):

    This idea has merit. I personally would require all candidates for office to have completed their military service.

    Of course, someone would take this to court, as violating the ‘equal protection’ clause … I’m surprised they haven’t done this for the limit at the other end. No doubt they will when they have packed the Supreme Court.

    When you make that an Amendment to the Constitution, it doesn’t matter. You can’t say something in the Constitution in unconstitutional. Not that someone won’t try to do so.

    Then why was the Death Penalty ruled unConstitutional for a period of time?

     

    1.  It wasn’t.  Some states have, but I am only aware of California making capital punishment illegal.  
    2. The death penalty is not mentioned in the constitution as far as I’m aware. 
    • #64
  5. Skyler Coolidge
    Skyler
    @Skyler

    Miffed White Male (View Comment):

    As long as we’re adding qualifications for the Presidency, here’s my proposed amendment:

     

    “No Parent, Child, Spouse [or ex-spouse] of any person who has held any Federal Elected office shall be eligible to hold any Federal elected office.”

     

    No more dynasties. No more “Family seats” in Congress.

     

     

    I’m all for that.  Include federal employees too. 

    • #65
  6. Miffed White Male Member
    Miffed White Male
    @MiffedWhiteMale

    Skyler (View Comment):

    Miffed White Male (View Comment):

    MWD B612 "Dawg" (View Comment):

    Doug1943 (View Comment):

    This idea has merit. I personally would require all candidates for office to have completed their military service.

    Of course, someone would take this to court, as violating the ‘equal protection’ clause … I’m surprised they haven’t done this for the limit at the other end. No doubt they will when they have packed the Supreme Court.

    When you make that an Amendment to the Constitution, it doesn’t matter. You can’t say something in the Constitution in unconstitutional. Not that someone won’t try to do so.

    Then why was the Death Penalty ruled unConstitutional for a period of time?

     

    1. It wasn’t. Some states have, but I am only aware of California making capital punishment illegal.

    “As applied”, but still…

    https://constitutioncenter.org/interactive-constitution/blog/on-this-day-supreme-court-temporarily-finds-death-penalty-unconstitutional

     

     

    1. The death penalty is not mentioned in the constitution as far as I’m aware.

    The 5th (and the 14th) amendments state that “no person shall be deprived of life, liberty, or property without due process of law”.

     

    By the way, the 8th Amendment does not ban “Cruel and Unusual Punishment”, it bans “Cruel and Unusual Punishments” (Plural), which is a subtle but significant difference.

     

    • #66
  7. kedavis Coolidge
    kedavis
    @kedavis

    Miffed White Male (View Comment):
    By the way, the 8th Amendment does not ban “Cruel and Unusual Punishment”, it bans “Cruel and Unusual Punishments” (Plural), which is a subtle but significant difference.

    So, someone can be subjected to one cruel and unusual punishment, but not two or more?

    • #67
  8. MWD B612 "Dawg" Member
    MWD B612 "Dawg"
    @danok1

    Miffed White Male (View Comment):

    Skyler (View Comment):

    Miffed White Male (View Comment):

    MWD B612 "Dawg" (View Comment):

    Doug1943 (View Comment):

    This idea has merit. I personally would require all candidates for office to have completed their military service.

    Of course, someone would take this to court, as violating the ‘equal protection’ clause … I’m surprised they haven’t done this for the limit at the other end. No doubt they will when they have packed the Supreme Court.

    When you make that an Amendment to the Constitution, it doesn’t matter. You can’t say something in the Constitution in unconstitutional. Not that someone won’t try to do so.

    Then why was the Death Penalty ruled unConstitutional for a period of time?

     

    1. It wasn’t. Some states have, but I am only aware of California making capital punishment illegal.

    “As applied”, but still…

    https://constitutioncenter.org/interactive-constitution/blog/on-this-day-supreme-court-temporarily-finds-death-penalty-unconstitutional

     

     

    1. The death penalty is not mentioned in the constitution as far as I’m aware.

    The 5th (and the 14th) amendments state that “no person shall be deprived of life, liberty, or property without due process of law”.

     

    By the way, the 8th Amendment does not ban “Cruel and Unusual Punishment”, it bans “Cruel and Unusual Punishments” (Plural), which is a subtle but significant difference.

     

    Also, the 5th specifically contemplates the death penalty:

    No person shall be held to answer for a capital, or otherwise infamous crime…

    Don’t see how Madison could have felt the death penalty was unconstitutional base on that wording.

    • #68
  9. MWD B612 "Dawg" Member
    MWD B612 "Dawg"
    @danok1

    Skyler (View Comment):

    Miffed White Male (View Comment):

    MWD B612 "Dawg" (View Comment):

    Doug1943 (View Comment):

    This idea has merit. I personally would require all candidates for office to have completed their military service.

    Of course, someone would take this to court, as violating the ‘equal protection’ clause … I’m surprised they haven’t done this for the limit at the other end. No doubt they will when they have packed the Supreme Court.

    When you make that an Amendment to the Constitution, it doesn’t matter. You can’t say something in the Constitution in unconstitutional. Not that someone won’t try to do so.

    Then why was the Death Penalty ruled unConstitutional for a period of time?

     

    1. It wasn’t. Some states have, but I am only aware of California making capital punishment illegal.
    2. The death penalty is not mentioned in the constitution as far as I’m aware.

    SCOTUS suspended the death penalty in 1972, but never actually ruled it unconstitutional in Furman v. Georgia. The decision was a mess, being 5-4 and all of the justices concurring, but there was no plurality opinion. The five in the majority wrote separate concurring opinions, while the dissenter wrote 4 opinions; 3 opinion had the others joining in part. Just a total Charlie-Foxtrot.

    • #69
  10. Skyler Coolidge
    Skyler
    @Skyler

    Miffed White Male (View Comment):

    Skyler (View Comment):

    Then why was the Death Penalty ruled unConstitutional for a period of time?

     

    1. It wasn’t. Some states have, but I am only aware of California making capital punishment illegal.

    “As applied”, but still…

    https://constitutioncenter.org/interactive-constitution/blog/on-this-day-supreme-court-temporarily-finds-death-penalty-unconstitutional

     

    Right, it wasn’t found to be unconstitutional in all cases, and the door opened wider again shortly thereafter.  

     

    1. The death penalty is not mentioned in the constitution as far as I’m aware.

    The 5th (and the 14th) amendments state that “no person shall be deprived of life, liberty, or property without due process of law”.

    Fair enough, but to me it isn’t quite explicit enough for such a volatile topic.

    By the way, the 8th Amendment does not ban “Cruel and Unusual Punishment”, it bans “Cruel and Unusual Punishments” (Plural), which is a subtle but significant difference.

     

    No, it is not at all a difference.  That is simply semantics as it is talking about all people and all of the possible cruel and unusual punishments.  I don’t think, and neither do you, that any court would find this to be a difference.

    • #70
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