Barack Obama is too young to be president. Yes I know he is 46 and the Constitution sets the presidential age qualification at 35 or higher, but Obama has said that we ought not to interpret the Constitution woodenly and formalistically. Perhaps we should look deeper at the presidential age limit. If we do, we will find that Obama really is too young to be president.
Many on the legal left these days advocate purposive, pragmatic interpretation of the Constitution. The idea is you look behind the text
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.
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