The Twentieth Amendment to the US Constitution
Senator George Norris and the Lame Duck Amendment
Nov 12, 2009
The United States was neither a world power, nor particularly even a nation. It was a loose alliance without a strong central authority. Although the Constitution was designed to change the loose alliance and create a nation, the world was still a much slower place.
Four Months for a New President and Congress to Take Office
There were no telegraphs or railroads and travel times were measured in weeks. When the Constitution went into effect in 1789 it reflected the realities of the times. National elections were held in early November, but Senators, Congressmen, the Vice-President and the President chosen at that election did not take office until March 4, of the following year.
In the late 18th century this was of little consequence. By the mid-19th century when Abraham Lincoln had to wait four months after his election to deal with issues that led to the Civil War, it became an untenable situation. The importance of the timely changing of administrations following an election was even clearer when Franklin Roosevelt had the same four-month delay before addressing the Great Depression.
Communications and Professional Politicians
As communications and travel improved, and the national government came to be run by professional politicians, the four-month delay gave rise to concerns other than delay of the President taking office. For four months, individuals who were either retiring from office or lost a bid for reelection continued to run the government. These “lame duck” office holders no longer had any responsibility to the electorate, putting them in the position to pass either ill-considered or even ill-willed legislation.
Ratification of the 20th Amendment
As a result of these issues on March 2, 1932, Congress sent the Twentieth Amendment to the States for ratification. Ratification became effective on Jan. 23, 1933 when the States of Georgia, Missouri, Ohio and Utah all ratified.
The 20th Amendment to the Constitution
Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
Section 3. If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
Section 4. The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.
Senator George Norris and the Far-Reaching Lame Duck Amendment
Senator George Norris of Nebraska was the principal sponsor of the Twentieth Amendment, also known as the “Lame Duck Amendment”. Senator Norris believed it to be his greatest legislative achievement. While the 20th Amendment is seldom discussed, it arguably made more changes to the Constitution than any other amendment.
In changing the date of the start of Congress it shortened terms of sitting Congressmen and Senators, affecting Art. I. It shortened the terms of the President and Vice-President in 1933, affecting Art. II. It modified the Twelfth Amendment, changing the date that Congress had to choose a President. It effectively modified the Seventeenth Amendment as well regarding the terms of Senators. It also provided for a Vice-President-elect to become President should the President-elect die before taking office.
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