I would be willing to give a bit more leeway to Congress than the Executive, simply because Congressmen don’t have the responsibility of the nuclear arsenal or whether to involve the armed forced of the United States or other critical and immediate decisions.
President and Vice President would be age limited at 70 years, prior to the last day of the term of the office for which sought. I would extend that limitation to appointees under the Executive Schedule and all other non-career (political) appointees. They would be required to leave office on their 70th birthday.
I would grant more leeway to Congress. They would be age limited so that they could not run for office if they would turn 80 prior to the last day of the term sought. I would age limit the Speaker, President Pro Tempore, Majority and Minority Leaders of both Houses and Majority and Minority Whips of both Houses, as well as all Committee Chairman to 70 years, after which they would be required to surrender those posts. I would also age limit the Officers of the Senate and House to 70 years of age.
As for the Judiciary, my proposal would automatically shift judges to senior status when they obtain eligibility under the Rule of 80. For the vast majority of Judges, that occurs between 65 and 70. I would NOT arbitrarily age limit them from service, as the informal norm of Judges badgering failing Judges into leaving the bench actually works pretty well.
And if it comes right down to it, a Chief Judge of a court can pull a failing Judge’s caseload completely, if he refuses to retire, which occasionally occurs.
The vast majority of Judges know when it is time to leave and do so.
I would not agree to any arbitrary age limit for the judiciary.
However, I have bandied about the possibility of establishing a procedure using scire facias under the good behavior clause. Good behavior covers mental disability and the removal of a Judge for mental disability or incompetence could be sought using the writ of scire facias.
So what is the secret judgeship sauce that exempts them from arbitrary term limits?
I am not a fan of any branch of government self policing itself, and with the recent pecadillos on the Supreme Court, I am no longer inclined to rely on norms.
The cost of democracy is democracy. Once you decide who cannot participate - for any reason but not attaining to or possessing adult citizenship - you have decided against democracy, and the republican forms of government they tend to produce.
Probably not, but my opinion is that if it ever did come up, the government should not override the will of the people. Same with term limits. If people want to keep voting for the same politicians to represent them over and over again, the government shouldn’t prevent it.
Suppose I reach out in social media, find a bunch of other immoral term limit-ites out there…and we start a grass roots movement to amend the constitution to include term limits in the house and senate. Longshot I know but it wouldn’t be the first time a grass roots movement has had an impact.
Is that a government action or is it the choice of the American people?
Exactly. Which is why we don’t need term limits for Congressmen.
People unhappy with the current state of affairs should focus on campaign laws and money. That’s where the crux of the problem originates. Seeking to set term limits is merely treating the illness, not eliminating the cause.
That would be the choice of the people. They would be choosing to have the government enforce term limits. And I would respect that if that’s what the majority want, but I would still disagree with it. A free system would allow me to vote for the candidate I choose regardless of how long they’d been on the job.