ChrisWeigant.com

Age Limits For All Politicians?

[ Posted Wednesday, January 21st, 2026 – 16:00 UTC ]

Rahm Emanuel has apparently launched his 2028 presidential bid. A wonky story about him appeared prominently in today's Washington Post, on the subject of his ideas for fixing education in America. He also recently tossed out a different provocative idea during a recent speech, which further indicates he is in the process of building a political platform to run on. Rahm Emanuel is one of those politicians with an outsized opinion of his own popularity and a strong conviction that the country is ready for him to lead it. That's nothing new -- people like that are a dime a dozen in Washington -- but his new idea is certainly an interesting one: instituting a mandatory retirement age for everyone in the federal government.

Here's the story, from Politico:

Rahm Emanuel said Wednesday he wants to institute a mandatory retirement age of 75 for the president and across branches of government, a pipe dream of a call from the potential White House hopeful that would bar him from serving a second term as president.

"You're 75 years old: done," the former Chicago mayor and ambassador to Japan said Wednesday at a Center for American Progress event. "And that would be in the legislative branch, it'd be in the executive branch -- including the Cabinet -- and it'd be also in the Supreme Court, and all the federal courts."

Emanuel, who is 66, would be 69 when sworn into office if he runs for and wins the 2028 presidential contest. He would be 73 at the start of his second term, and would, by his own standard, be unable to serve all four years. He acknowledged this when pressed by Politico at a Christian Science Monitor roundtable Wednesday afternoon.

Emanuel insists that "of course" this would apply to him, even though it would bar him from a second term as president. He had some advice for the 75-plus crowd as well: "You can't serve in the armed forces, you can't serve in private sector jobs -- go work on your golf swing, it's not that good to begin with."

At first glance, this could be a very popular proposal. Last time around in the presidential race, the voters were initially offered the choice between an 81-year-old (Joe Biden) and a 78-year-old (Donald Trump), and more than a few voters were disgusted with the gerontocracy this represented. According to the article, "roughly two-thirds of Americans support age limits for federal elected officials and the Supreme Court."

But then Rahm indicates that he is not actually serious about effecting this change:

Emanuel, a former representative, said he would push for legislation to set the limit rather than attempt a constitutional amendment. (The Constitution sets a minimum age for members of Congress but not a maximum, and establishes no limits for the Supreme Court.) It's not clear whether that legislation itself would be constitutional -- and could be a tough sell in a Congress where the median age for senators is 64.

It actually is pretty clear that merely passing a law through Congress would not meet constitutional muster. Judicial appointments are currently for life, period. This is a bedrock of the judicial system, in fact, because lifelong tenure is seen as a bulwark against political interference with the judiciary. So the Supreme Court is almost certainly going to laugh right out of court any attempt by Congress and a president to impose mandatory retirement ages on them (and all other federal judges).

The other two provisions would also likely be found to be unconstitutional as well. Since the Constitution explicitly states minimum age requirements for serving in Congress or in the White House -- but no maximums -- then instituting a mandatory retirement age by legislation alone would almost certainly be seen as constitutional overreach. The only part of any legislation which attempted to do so which might pass constitutional muster would be the restrictions on everyone else -- everyone not elected president or to Congress, or appointed and confirmed to be a judge. Even limiting cabinet members might not be seen as allowable, since they are also confirmed by the Senate (who should know before they vote how old the nominees are).

No, the only way to really get serious about this proposal is to offer it up as a constitutional amendment. Doing so would remove the question of constitutionality, since if ratified it would then become part of the Constitution itself -- which puts it beyond reach of even the Supreme Court to overturn.

Passing constitutional amendments is almost impossible, it bears mentioning. Doing so requires vast bipartisan buy-in, both at the national level and at the state level (since three-fourths of the states have to ratify any proposed amendment for it to be adopted). But perhaps it might have a chance -- at least after Donald Trump exits the stage. If it wasn't seen as a direct attack on Trump (since he'd be out of office), then perhaps it might be appealing to Republicans. Especially if they were faced with President Emanuel, who would be automatically considered ineligible for a second term in office if the amendment was ratified. That might spur a few Republican-run state legislatures to vote for it.

Whether it is a good idea or not is open to debate, of course. But after seeing both Biden and Trump visibly lose mental acuity and exhibit rather low energy levels while president, perhaps the country might be open to such a proposal. Politicians in Congress from both parties have certainly stayed on long past their expiration date, often refusing to step down and actually dying while still in office (after a period where they are so addled that their aides and staff wind up doing their jobs for them).

Personally, I don't take Rahm Emanuel's budding presidential candidacy very seriously, since he just doesn't inspire any confidence at all as a politician and doesn't seem to have any built-in constituency behind him. He offended plenty of Democrats while he was part of Barack Obama's team, and hasn't done much of anything to endear himself to voters since.

So while I have to give Emanuel credit for making this rather bold proposal, I also have to conclude that he is obviously not serious about it at all. He is a smart guy, after all -- smart enough to know full well that such an idea passed by Congress and signed into law by a president would almost certainly be struck down (either in full, or for every officeholder and judge at the very least) by the Supreme Court. So his proposal is nothing short of a political stunt, designed to get people talking about him. Which he has achieved (I have to admit, since I just wrote a whole column about him), but which I firmly believe isn't going to help his dreams of becoming president one tiny bit.

-- Chris Weigant

 

Follow Chris on Twitter: @ChrisWeigant

 

4 Comments on “Age Limits For All Politicians?”

  1. [1] 
    nypoet22 wrote:

    I'm one of those Democrats who found rahm offensive as part of Obama's team, and every day since. he is the poster child for corporate neoliberal hubris. of course it's a stunt, and it's also disgustingly ageist. some legislators remain effective well into their 80s. others don't, but that should be decided on a case by case basis.

  2. [2] 
    BashiBazouk wrote:

    We'll see, but I think those in the trenches fighting the Trump Administration are likely to do better in the primary than those on the side lines. Newsom, JB Pritzker, Walz ect. Kamala's "I told you so" book tour is not going to cut it and I've seen nothing from Rahm Emanuel until now...

  3. [3] 
    John M from Ct. wrote:

    Great point about Emanuel's proposal being a mere stunt for publicity, as witness you yourself writing this column!

    But his presidential aspirations aside, I think the idea is a good one and deserves a constitutional amendment.

    OK, sure, 75 isn't old for some and is too old for others. But the point is to simply put a limit on how long one can do federal service - across the board. All branches, all offices. Make it to 75, then step aside for the young 'uns and work on your golf game.

    I like your point about how this really is a bipartisan issue, and federal respresentatives and senators and state legislatures might actually buy into an amendment as it will 'hurt' both sides equally. More importantly, these folks' constituencies may support it in a bipartisan way: show Grandpa the door, no matter which party. Doddering is doddering.

    Not that I have much hope, but I'd like to see some more reputable politicians besides Emanuel try to push for the Amendment option.

  4. [4] 
    Kick wrote:

    Passing constitutional amendments is almost impossible, it bears mentioning.

    Which is why any/every politician who has any sort of an idea about anything whatsoever and any aspirations toward higher office would be an absolute ignorant fool to claim he would attempt to pass a constitutional amendment in order to accomplish any of his campaign issues regardless of what they are.

    In the year of our Lord, 2026, everyone already knows if you're serious about a political issue, you simply write an Executive Order and proclaim it.

    I'm not kidding: Overton window. Lawmakers and potential/wannabe lawmakers are actually those whose business it is to detect where that window actually is and then situate themselves within it.

    I'm not a fan of Rahm Emanuel, but after well over a decade of two old men leading this country, I would say anyone who is not suggesting something different than that dynamic is a seriously shitty politician.

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