AGEISM, THE 14th AMENDMENT AND THE BIDEN PROXY CAMPAIGN

by Ken Grossberger, PhD

At the end of the US Civil War there was a problem: approximately five and a half million African Americans were technically still slaves, still the property of their masters. So Congress passed, the president signed, and the state legislatures approved, the 13^th, 14^th and 15^th amendments the constitution. The 13^th amendment abolished slavery, the 14^th amendment provided the now former slaves with citizenship (among other things) and the 15^th amendment gave them the right to vote (except for women). The 14^th amendment contained other significant provisions, such as the protection of citizens’ “privileges and immunities”, incorporated due process into the states, and gave “equal protection” to all Americans. This last clause has become the basis of many laws since, such as the Civil Rights Act of 1964 (Title VII) and the Age Discrimination in Employment Act, which have become the bedrock of defending citizens against discrimination based on so-called protected characteristics, including age. Here is where the political rubber meets the electoral road. The prejudice against President Biden comes to mind.

We reach a point in our lives where we realize we have to walk and chew gum sequentially. This apparently has not yet dawned on the president. Thus the public consternation at his decision to run for reelection. But are the objections to his age or ability? The public perception is that it’s the former, but oh yeah, it might be the latter also. His age as a disqualifier is openly discussed, ad nauseum, as if the constitution doesn’t exist. Ironically, he picked his vice president based on gender and color, another egregious violation of standing law. Any employer would be on the wrong end of a lawsuit based on such flagrant violations of the constitution and subsequent statutes. But in this era of extreme polarization, with the attendant prejudiced partisan press, these discriminatory choices and comments have become mainstream.

The long history of the civil rights movement, and numerous court cases and laws, also include the Fair Pay Act, the Bakke case, the Fair Admissions cases, and many more. Yet we see blatant age discrimination (Biden is too old to be president), gender discrimination (the selection of running mates based on sex) and racial discrimination (the selection of Harris for VP based on color).

So Biden is both a victim and a perpetrator, but as his own worst enemy, he not only continues to feed the negative narrative, his White House staff and campaign staff seem to want to replicate the hidden candidate trick of 2020. Another proxy campaign, where his surrogates, apologists and excuse makers will ignore the bad, tell the country all is well and try desperately to have everyone focus on the evil Donald Trump. Meanwhile Biden will again be on vacation, taking trips or simply back to Delaware again and again.

This will not be something akin to the 19^th century back porch campaigns, not in the high speed, instant information space. The President-In-Hiding maneuver may well backfire in this cycle, age discrimination or not, yielding a reductionism of the politically neurotic – it’s always about Trump.

And we are one terrorist act away from a brand-new ballgame.