Retirement
Then Colorado Governor Dick Lamm discussed the issues of death and dying, the massive expenditures of the American health care system and the rationing of health care spending. My Dad was fascinated with the issues of death and dying, long term care in community settings, and living a meaningful life after retirement.
Governor Lamm espoused the idea that major political and business leaders ought to retire from their leadership positions at age 70. He believed that real leaders had a duty to make room for new leaders, new ideas, fresh energy, and to have a succession plan in place. He felt the old leaders were clogging up the arteries of system change. I think he was right.
Neither President Donald Trump nor President Joe Biden should have been President in my opinion; they have clogged up the arteries of the US government policy and decision making for the past 9 years, heading towards 12 years. Ex-Senate Majority Leader Mitch McConnell should have long ago stepped aside; he has been a relentless (albeit effective) blockade to forward progress, not an effective leader for the large democracy and its needs for change in an evolving world. Senate Minority Leader Chuck Schumer does not seem to be able to rise to the occasion at a perilous tmoment that requires effective Democratic leadership. My only exception would be Nancy Pelosi who seemed unimpaired by the aging process. I don’t mean to say that Biden or Trump or McConnell or Schumer were disasters; Biden for example did many good things as President, and Trump did one or two if I could only remember what they were. But we need youthful energy, new ways of thinking, an embrace of innovation, and an inspiration to all Americans and indeed the globe coming from our top leaders. Their conduct and ideas need to galvanize the nation and its citizens. It does have to be seasoned with good judgement, and that can be one of the advantages of getting older.
I experienced a few judges while I was litigating cases in Massachusetts who I thought had stayed on the bench too long and should have retired, but I was a brash, inexperienced rookie kid back then so what did I know. In 1972, an age limit was set for the Massachusetts judiciary forcing mandatory retirement at age 70. I agreed with that policy. A number of other states have comparable age limits for the judiciary but not the federal judiciary where judges have lifetime tenure. While I feel that mandatory retirement for federal judges at 70 would be a good policy, that would require a constitutional change. Given advances in productive lifespans, it might be best to think of mandatory retirement at age 75, that too requires a constitutional change, but one that both parties ought to embrace.
In 1986, Congress passed a statute banning mandatory retirement with specific exceptions, such as the military, pilots, air traffic controllers or law enforcement. I did not have a strong opinion back them, but I have grown increasingly in favor of mandatory age retirement from top leadership positions to make room for the next generations of leaders. The US is among a handful of developed nations that outlaw mandatory retirement policies and is also among the handful with weaker social safety nets for seniors.
When I worked for the California state legislature in the 80’s and early 90’s, and had the chance to observe close-up, there were a number of state legislators over the age of 70. Some were terrific; they were experienced; they had excellent judgement and a wealth of lifelong connections, and deep, seasoned understanding of their communities. Others simply should not have been there any longer, but for the fact they were reliable party line votes and reliable vote getters in their districts due to their name recognition and their lengthy tenure and the extreme difficulty of beating an incumbent, no matter their age or mental acuity.
Over time, the 120 California legislators build personal bonds and an understanding of each other’s positions; over time the effective lobbyists of all stripes build working relationships with the legislator, and over time legislators develop trust and relationships with long time, skilled and effective staff in both branches of government. Change thus becomes difficult until a crisis like a large budget deficit or a successful proposition turns the status quo upside down, and forces a full-scale rethinking by politicians and policy makers. Strong and far-sighted leaders are able to seize those special moments for the necessary changes that are otherwise blocked by the inertia of the present.
California voters eventually imposed term limits which put an end to the careers of both the effective and the ineffectual, the older and the younger, the promising and the back benchers. It was up or out, two terms in the Assembly, then possibly two terms in the Senate running against one of your Assembly colleagues in all likelihood, then maybe a run for Congress or statewide office. It was too short. I have come to agree with the current form of 12-year term limits in the California Legislature; it brings in new blood and new ideas and fresh energy although it loses talent and hard-earned wisdom and well-honed legislative skills.
In Congress seniority and lengthy tenures pave the path to committee chairmanships and the enormous power for setting the bodies agendas that entails. This creates and perpetuates an entrenched gerontocracy. Having amassed all the power of a committee chair or top leader, some become so enmeshed in the requisite machinations that they may now become the roadblock to any ideas but your own and those of your most trusted staff and colleagues. To serve in Congress, there is an enormous learning curve about the entire nation, the different agencies, their different policies, and the range of foreign affairs issues, such that long tenures in the US Capitol are needed, but the path to a committee chairmanship through longevity ought to be replaced. By what exactly? The House Speaker and Senate President should choose committee chairs who best reflect their agenda for the upcoming Congressional session.