AOC was unable to run for president in 2020, but could...

Next week, US voters will choose between the two oldest presidential candidates in history – Joe Biden at 77 or Donald at 74.

In 2016, Trump made history as the oldest person at 70 years of age.

If Joe Biden is elected, he will break that record at the age of 78.

While American voters don’t have much choice this year, there is already speculation that the 2024 election could usher in a younger generation of political candidates.

We’ve already seen the beginnings of that younger energy this year when Democrats Pete Buttigieg and Tulsi Gabbard ran in Democratic Elementary School in their late 30s.

If Joe Biden is elected in 2020 but chooses not to run for a second term, the 31-year-old is a Democratic Congressman Alexandria Ocasio-Cortez (often called AOC) is touted as another candidate for 2024.

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Born on October 13, 1989, You would be 34 years old for all but three weeks of the 2024 presidential race and would have done it just turned 35 until election day.

But is that too young? How young is too young to run for President of the United Statesand when does the rule take effect?

The over 35 rule

Article II of the US Constitution states that candidates must be 35 years old take office as President.

You must be 30 years old to be a Senator and 25 years old to be a member of the House of Representatives.

These rules haven’t changed in over 200 years – they were incorporated into the constitution in 1787 and took effect in 1789.

Does the age rule apply from election day or day of inauguration?

It applies on the day of inauguration – which is usually the case these days January 20th in the year after the election.

This means that a candidate can campaign in a main race, be nominated as a candidate for his party and even be elected to the presidency at the age of 34 – as long as they are 35 years old by the time they take office.

In the 1972 elections, a practically unknown elected Senator from Delaware reached this minimum age in a very small space.

Joe Biden was 29 when he was electedand had just turned 30 when he was sworn in.

A black and white photo of Joe Biden reaching an audience

A black and white photo of Joe Biden reaching an audience

Joe Biden was 29 years old when he was elected Senator in 1972 but turned 30 when he was sworn in.(Supplied: Biden Campaign)

If Ocasio-Cortez ran for president in 2024 and won, she would be 35 years and 3 months old on January 20, 2025.

Who was the youngest president?

The youngest person to take the presidency was Theodore Rooseveltwho got the job at the age of 42 when President William McKinley was assassinated in 1901.

John F. Kennedy remains the youngest person to be elected president 43 years old on the day of inauguration, 1961.

So why 35?

Given US citizens can vote at age 18what is special about 35?

For example, in Australia the minimum age for any level of government is 18 years.

That is the rule in other democracies like Canada, New Zealand, Great Britain and many European nations.

Two women are standing outside and one is signing a poster

Two women are standing outside and one is signing a poster

Alexandria Ocasio-Cortez stood up for Joe Biden and for people to be registered to vote.(AP: Kathy Willens)

Most of the founding fathers agreed that minimum age was a good idea

While the constitution was being drafted, the delegates to the US Constitutional Convention of 1787 did not discuss the age limit for the president, but briefly discussed the proposed minimum age in the House of Representatives.

Their arguments were essentially limited to (1) Their opinions become more nuanced with age and 2) We need our political representatives in order to have time, to gain a certain position and to stand in the community.

George Mason – who ultimately refused to sign the constitution – said his personal opinions at the age of 21 were “too crude and incorrect to deserve any influence on public policy.”

Founding father James Wilson disagreed, saying a minimum age would “dampen the efforts of genius and laudable ambition,” citing eminent UK politicians in their early twenties.

James Madison later argued that senators must be older than members of the House of Representatives, saying that “senatorial trust” requires a “greater level of information and character stability” that evolved with age.

Funnily enough, many of the constitution’s drafters themselves were not 35 when they drafted the constitution – more than a dozen of the delegates were under 35, including Alexander Hamilton and James Madison.

A man poses in a drawing

A man poses in a drawing

Founding father and former President James Madison believed that “senatorial trust” developed as people got older.(Supplied: White House Historic Association)

Possibly the establishment of family dynasties was avoided

One of the main reasons Americans wanted to sever ties with Britain was to abolish the monarchy.

The minimum age for the president could therefore have been an attempt Avoid creating a monarchical succession of power from parent to child.

In the 18th century, a president’s children were extremely unlikely to live to be 35 when he stepped down after a term or two.

It May Have Worked: While there have been four cases where a family produced multiple presidents, There was never a father whose son immediately replaced him as future president.

Has the rule ever been challenged?

Over the years there have been a few senators and representatives from the House of Representatives who easily crept in before he reached the required ageapparently without consequences.

The parties have tried in various ways to circumvent the age rules. In 1934, 29-year-old Senator-elect Rush Holt had to wait six months until his 30th birthday before he was sworn in as a Senator.

In 2012, 27-year-old Californian Peta Lindsay ran as a presidential candidate for a smaller party, but was later removed from the certified candidate list.

She challenged the decision, arguing that while agreeing that she was not constitutionally admitted as president, it was a violation of her constitutional rights to prevent her from running for office in the first place.

A federal appeals court refused, arguing that doing otherwise would mean that “anyone, regardless of age, citizenship or any other constitutional inadmissibility, would be entitled to upset and confuse our electoral votes”.

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Could the US change the rule?

A constitutional change in the US is a big deal. It requires both the House and the Senate to pass the wording of the amendment under a Two-thirds majority, and then three quarters of states to ratify.

A change in the constitution therefore requires a great surge in public pressure and political advocacy before it is even considered.

A composite image of Donald Trump and Joe Biden.

A composite image of Donald Trump and Joe Biden.

President Donald Trump and Democratic presidential candidate Former Vice President Joe Biden speak during the first presidential debate. Tuesday, September 29, 2020 at Case Western University and the Cleveland Clinic in Cleveland, Ohio.(AP: Morry Gash, Pool)

It is clear that in 2020 voters have other imperative priorities to deal with, and there are no real public push to do something against the minimum age.

Perhaps this will change if a hugely popular underage candidate shows up in the future.

Given this year’s lineup of senior candidates, some wonder if there should be one Upper limit for candidacy – Prevent people who are too old from running.

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What are the other rules?

The other requirements in the constitution are that the candidate must be:

  • ONE naturally born citizen, and
  • ONE Resident in the US for at least 14 years

US courts have generally interpreted the phrase “naturally born” to mean that a president must be born in the United States, but never directly heard a challenge to a presidential candidate’s eligibility.

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