North Dakota lawmakers are preparing for a potential legal challenge to a proposed age limit for members of Congress. The estimated cost for defending the measure up to the U.S. Supreme Court is $1 million, with some experts predicting that the age limit could face constitutional issues. The measure would prevent individuals from running for Congress if they could turn 81 during their House or Senate term. Despite concerns about the potential unconstitutionality of the age limit, supporters argue that it is a popular measure, with over 40,000 people signing a petition to place it on the ballot.
The measure’s chairman, Jared Hendrix, defended the need for the state to defend the age limit, stating that it is the job of the attorney general to uphold the constitution and laws. While some critics question the inflated cost estimate for defending the measure, others argue that it is necessary to ensure that the will of the people is upheld. The potential challenge to the age limit could be raised by someone claiming it is unconstitutional on its face, or by an affected candidate suing the state.
If the age limit measure is passed, it would require North Dakota’s attorney general to zealously defend it, and would give any voter legal standing to enforce the age limit. The attorney general’s office will likely have to hire a special assistant attorney general to handle the case, with costs potentially reaching hundreds of thousands of dollars depending on various factors. The measure would not prevent any incumbents from running for reelection, including North Dakota’s current representatives, one of whom is 67 years old. The initiative, which applies only to congressional seats, emerged amid age- and health-related scrutiny of members of Congress.
The proposed age limit states that no person may be elected or appointed to serve in the U.S. Senate or House of Representatives if they could attain 81 years of age by the end of their term. The measure was introduced last summer following concerns about the age and health of members of Congress, including the death of Democratic Senator Dianne Feinstein at age 90 and an incident involving Republican Senate Minority Leader Mitch McConnell, 82. The upcoming election year will also feature President Joe Biden and former President Donald Trump, both in their 70s, prompting discussions about age and fitness in political leadership.
While some legal scholars and political observers believe that a state-imposed age limit for members of Congress would be unconstitutional based on a 1995 U.S. Supreme Court ruling, supporters of the measure argue that it reflects the will of the people. The $1 million estimated cost for defending the age limit up to the U.S. Supreme Court highlights the potential legal challenges and financial implications involved in implementing such a measure. As the initiative heads to the ballot for the June 11 election, the debate over whether states can set additional qualifications for congressional candidates beyond those outlined in the U.S. Constitution is likely to continue.
