America’s Gerontocracy Problem Goes Beyond the President

Whether or not Joe Biden persists in his run for president, America’s gerontocratic crisis will keep on worsening. But high-profile symptoms like Mr. Biden’s difficulties provide an opportunity to confront the issue — a social form of sclerosis that will persist unless and until more power is transferred from the wrinkled to the rest.

Gerontocracy transcends government as a full-scale social phenomenon, in which older people accumulate power of different kinds, and then retain it.

This form of power is both old and new. The term “gerontocracy” was popularized a century ago by the Scottish anthropologist J.G. Frazer to refer to a very early form of government, in which power reposed in councils of elders. Since premodern societies valued the past over the future, and the ancestral over the innovative, it was only natural to allocate authority to those with cumulative experience and nearer the realm of the honored dead.

When the Constitution imposed an age minimum of 30 (and no maximum) on the Senate, that restriction alone excluded roughly three-quarters of the white population from serving. This set up the distant possibility of our present, in which Mr. Biden could become one of the youngest senators ever when he took his seat at age 30, while Dianne Feinstein (age 90), Robert Byrd (92) and Strom Thurmond (100) all either died in office or just months after retirement.

The Supreme Court is also an outpost of elder rule. The Constitution gives federal judges life tenure, so it is entirely up to them when they finally depart, alive or dead. And it is not surprising when they die in the midst of opining on the law: Ruth Bader Ginsburg at 87, William Rehnquist at 80 and Antonin Scalia at 79. At least five federal judges have passed 100 years of age while on the bench.

The Supreme Court was quasi-gerontocratic from the start, like the Senate, only more so. The popular and professional ideology of the judicial role emphasizes even more the association of age with wisdom. And the Supreme Court’s oracular purposes, priestly trappings and mystical rituals make it resemble, more than any other American political institution, gerontocratic clubs like the Roman Catholic Church’s College of Cardinals.