Proposed Law Would Require Cognitive Exams for Older Members of Congress

There’s no denying the statistics; the leaders of the United States are getting older. In fact, almost 120 members of Congress are 70 years or older. This has led many to wonder if elected officials should have to take cognitive tests before being considered for the position. This idea was introduced earlier this year by Rep. Marie Gluesenkamp Perez, who suggested that a fair method be designed that could determine whether a lawmaker suffered from any serious cognitive issues. While the amendment to give cognitive tests to members of Congress didn’t pass, many still do not feel comfortable having people with cognitive decline making important decisions.

Should We Give Cognitive Tests to Members of Congress?

elderly man in Congress
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While cognitive decline does usually occur more in old age, the proposed test was not focused on age, but process. The idea was to create a neutral standard that would serve as a valid way to determine if there were serious issues that needed to be addressed. The supporters of this idea have noted that it would rebuild trust in Congress, while critics are concerned that it could be misused for political reasons or that it would clash with the Constitution. For many people, it is their vote that should count in determining who governs them, not a medical examination. While the voters feel they deserve transparency as to the mindset of those in power, lawmakers state that this would potentially infringe on people’s privacy.

Additionally, it would be quite hard for Congress to legally require tests. The basic requirements to serve in Congress are outlined by the Constitution, and you cannot add new qualifications with a normal law. Therefore, creating a new law simply wouldn’t cut it – you would need to implement a constitutional amendment, which is typically difficult to achieve. So, what can Congress do about those who step out of line? Well, Congress can discipline or even expel members for disorderly behavior. However, expulsion takes a two-thirds vote, but historically, incapacity alone usually hasn’t resulted in any change in seats.

Proposed Law Would Require Cognitive Exams for Older Members of Congress

How Do Other Countries Deal with this Issue?

cityscape
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Cognitive requirements for elected officials are typically uncommon. However, there are a few examples that demonstrate how other countries deal with this issue. In Singapore, for example, the Constitution says officeholders must be of “sound mind.” However, there is no routine cognitive test that they are required to take. Yet if someone’s mental state comes into question, then a medical panel can be called in to make an assessment. It has also been reported that the top leaders of the Communist Party go through a cognitive and health vetting process internally. However, these checks are rather vague and are not detailed in the country’s public laws. While there is no formal test, officeholders in the Vatican City are expected to be of sound mind, and a lack of capacity can get someone disqualified.

Proposed Law Would Require Cognitive Exams for Older Members of Congress

Would A Cognitive Test Work?

man doing test
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Even if Congress did make such tests mandatory, picking the right one could prove to be tricky. Commonly used tools such as the MMSE and MoCa were designed for clinical diagnosis, not to determine whether someone should hold a position in the government. Additionally, the results of these tests can be influenced by factors such as level of education, language, and even culture. If the test bar is set too low, you run the risk of missing serious issues.

However, if you set the bar too high, you could end up misdiagnosing people. So, what are the other options available, then? Well, for one, voters would like more transparency when it comes to the health of presidents or candidates. These tests wouldn’t be required if they were more upfront about potential issues. Another potential step could be only requiring a test of an individual if there are credible signs of decline, instead of everyone needing to take one as standard practice.

Proposed Law Would Require Cognitive Exams for Older Members of Congress

The Bottom Line

filling out test
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Democracies rely on voters to decide who should serve in government. This makes implementing a mandatory cognitive test challenging, both politically and legally. However, this does not mean we are left without any options at all. More transparency regarding the health of top officials and a fair process to deal with serious concerns could significantly increase public trust. If the citizens decided that they did want to implement some sort of test, then an amendment to the Constitution would have to be put in place.

However, this rarely occurs and would be very difficult to achieve. Trying to hide mental and physical decline can prove increasingly difficult as the symptoms become more apparent. This was evident when Biden and Trump had their debate, which left Biden looking frail and disorientated. The former president was 81 years old at the time and stepped down less than a month later. Such a sudden change can leave voters feeling disillusioned and shaken.

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