Twentieth Amendment to the United States Constitution

Twentieth Amendment to the United States Constitution
Name	Twentieth Amendment
Caption	Page one of the Twentieth Amendment in the National Archives
Ratified	January 23, 1933
Amendment of	U.S. Constitution
Full name	Amendment establishing presidential and congressional term start/end dates; and provisions for presidential succession.
Introduced by	George W. Norris
Date passed	March 2, 1932 (Senate)
Date passed2	March 2, 1932 (House of Representatives)
Date effective	October 15, 1933

Twentieth Amendment to the United States Constitution was ratified on January 23, 1933. It is commonly known as the "Lame Duck Amendment" because it shortened the period between the election and the inauguration of the President and Vice President, and similarly for members of the United States Congress. The amendment moved the beginning and ending of terms for these offices from March to January, thereby eliminating the post-election sessions of Congress where defeated or retiring members—so-called "lame ducks"—could still vote. It also clarified procedures for presidential succession in cases where a President-elect dies or fails to qualify.

Text

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. 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

The original dates set by the Constitution of the United States in Article I and Article II created a long, four-month interregnum between the November elections and the March 4 inaugurations. This delay was a practical necessity in the 18th century, allowing for slow travel and communication of election results. However, by the 20th century, with advancements like the transcontinental railroad and the telegraph, the lengthy period became anachronistic and problematic. It created "lame duck" sessions of Congress, where members who had been defeated in November or were not seeking re-election could still legislate, often without electoral accountability. Furthermore, in times of crisis, such as the Great Depression or the Secession winter of 1860–1861, the prolonged transition was seen as dangerous, leaving the nation with a weakened executive. The primary purpose of the amendment was to modernize the governmental calendar and ensure a more efficient and democratic transfer of power.

Proposal and ratification

The amendment was championed by progressive Senator George W. Norris of Nebraska. After years of advocacy, a proposal was finally passed by the Congress on March 2, 1932. The ratification process proceeded swiftly, aided by broad public and political support for the reform. The required three-fourths of state legislatures—36 at the time—ratified the amendment in less than a year. The final ratification was certified by Secretary of State Henry Stimson on January 23, 1933. The first presidential inauguration to occur under its new date was the second inauguration of Franklin D. Roosevelt on January 20, 1937.

Effect

The amendment had several immediate and lasting effects. It advanced the start date for the President and Vice President from March 4 to January 20, and for members of the Congress from March 4 to January 3. This change effectively eliminated the traditional "lame duck" session of Congress following an election, though such sessions can still occur if called by the incumbent President. The amendment also mandated that Congress convene at least once a year on January 3, unless specified otherwise by law. Most significantly, it provided clear constitutional procedures for presidential succession if a President-elect dies or fails to qualify before inauguration, a contingency later refined by the Twenty-fifth Amendment to the United States Constitution.

Judicial interpretation

While the Twentieth Amendment has not been the subject of extensive litigation, its provisions have been referenced in several key Supreme Court decisions. The Court has interpreted Section 3's succession clauses as part of the constitutional framework for ensuring continuity of government. In the context of electoral disputes, such as those seen in Bush v. Gore, the amendment's deadlines have been understood to create a firm constitutional timetable for resolving presidential elections. The amendment's clear demarcation of term end dates has also been cited in cases discussing the limits of presidential power during transitions.

Proposal and ratification dates

* Proposed by Congress: March 2, 1932. * Ratified by the required 36th state: January 23, 1933. * Certification of ratification: January 23, 1933, by Secretary of State Henry Stimson. * Effective date (for Sections 1 & 2): October 15, 1933.

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