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20th Amendment to the United States Constitution

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20th Amendment to the United States Constitution
20th Amendment to the United States Constitution
Ssolbergj · Public domain · source
NameTwentieth Amendment
CaptionPage one of the Twentieth Amendment in the National Archives
RatifiedJanuary 23, 1933
Amendment ofU.S. Constitution
Full nameAmendment establishing presidential and congressional term start/end dates; provisions for presidential succession.
Introduced byGeorge W. Norris
Date proposedMarch 2, 1932
Date ratifiedJanuary 23, 1933
Date effectedOctober 15, 1933
Ratification deadline7 years (proposed)
Legislatures ratified48 of 48 states
Legislatures consented72nd United States Congress
Vote housePassed March 2, 1932 (336–56)
Vote senatePassed March 2, 1932 (63–7)
Previous19th
Next21st

20th Amendment to the United States Constitution establishes the beginning and ending dates for the terms of the President, Vice President, and members of the United States Congress. Commonly known as the "Lame Duck Amendment," it sought to shorten the period between an election and the inauguration of new officials, thereby reducing the influence of outgoing "lame duck" officeholders. The amendment also provides critical procedures for presidential succession in the event a president-elect dies or fails to qualify before the start of the term.

Text

Section 1. The terms of the President and the 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. Section 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article. Section 6. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.

Background and purpose

Prior to the amendment, the Constitution set the start of terms on March 4, a date established by the Congress of the Confederation in 1788. This created a lengthy "lame duck" period of over four months following the November elections, during which defeated or retiring members of Congress and an outgoing administration remained in power. This interval was seen as problematic, especially during national crises like the Great Depression, as it delayed the implementation of new electoral mandates. The movement for reform was championed by progressive lawmakers like Senator George W. Norris of Nebraska, who argued the delay was undemocratic and hindered effective governance.

Proposal and ratification

The amendment was proposed by the 72nd United States Congress on March 2, 1932. It passed the Senate by a vote of 63 to 7 and the House by 336 to 56. The ratification process proceeded swiftly, with Virginia becoming the first state to ratify on March 4, 1932. The requisite three-fourths of state legislatures (then 36 of 48 states) completed ratification on January 23, 1933, when Missouri approved it. The final tally was 48 states, with only Georgia initially rejecting it before later ratifying in 1939. Sections 1 and 2 took effect on October 15, 1933, first applying to the 74th United States Congress and the second inauguration of Franklin D. Roosevelt in 1937.

Effect

The amendment's primary effect was to advance the start of presidential and congressional terms, moving Inauguration Day from March 4 to January 20 and the start of congressional sessions from March 4 to January 3. This significantly shortened the lame duck period, allowing newly elected officials to assume power more swiftly. It also mandated that Congress convene at least once a year on January 3, eliminating the possibility of extended gaps between sessions. The succession clauses in Sections 3 and 4 provided a clearer constitutional path for handling scenarios where a president-elect or vice president-elect died or was disqualified, later influencing the drafting of the Twenty-fifth Amendment to the United States Constitution.

Judicial interpretation

While the amendment's provisions are largely procedural, they have been referenced in significant legal and political contexts. The Supreme Court has not issued a major ruling solely on the Twentieth Amendment, but its succession clauses were a constitutional foundation for the Presidential Succession Act of 1947. The amendment was invoked during the Watergate scandal when there was speculation about the status of Gerald Ford if Richard Nixon had resigned before nominating a vice president. Its procedures also governed the transition during the 2000 United States presidential election controversy, ensuring a constitutional endpoint for the dispute in Bush v. Gore. The amendment remains a cornerstone for ensuring the continuity of government during presidential transitions.

Category:Amendments to the United States Constitution Category:1933 in American law