Saturday, July 26, 2008


Too young for the No. 1 job?
...Many on the legal left these days advocate purposive, pragmatic interpretation of the Constitution. The idea is you look behind the text to see what function it played for the framers and you then translate the text so it will play that same function for us today. What does this mean for the presidential age qualification?

In 1789, the average life expectancy of a newborn was about 40 years, compared with about 78 today. A lot of this was because of infant mortality, but in 1789, even the average life expectancy of every man who reached age 18 was only about 47. This suggests that at best a 35-year-old age limit in 1789 might have functioned then about the way a 55- or 60-year-old age qualification would function today. On this account Obama may be old enough to drive and buy a glass of white wine, but he has a way to go before he can run for president.

Others on the legal left, such as U.S. Supreme Court Justice Stephen Breyer, argue that in choosing between different interpretations of the Constitution, we should select the one that will produce the best consequences. This method too suggests that Obama should be understood to be constitutionally barred from serving as president by reason of his age. We have had three presidents out of 43 who were younger when they took office than Obama would be on Jan. 20, 2009: Bill Clinton, John F. Kennedy and Theodore Roosevelt. All of them committed serious rookie blunders because they were too young....