Omar Bennett
The 20th Amendment to the United States Constitution, proposed by the 72nd Congress on March 2, 1932, and ratified on January 23, 1933, addresses the beginning and end dates of the terms of federal elected officials, including the president, vice president, senators, and representatives. It also outlines procedures for resolving disputed elections and establishes the conditions for presidential succession, reducing the lame-duck period. This amendment has been pivotal in shaping the transition process and the timeline of governmental operations in the United States.
| Characteristics | Values |
|---|---|
| Terms of the President and Vice President | End at noon on the 20th day of January |
| Terms of Senators and Representatives | End at noon on the 3rd day of January |
| Terms of successors | Begin after the above terms end |
| Congress assembly | At least once every year, starting at noon on the 3rd day of January unless a different day is appointed by law |
| President-elect death | Vice President-elect becomes President |
| President-elect unqualified | Vice President-elect becomes acting President until a President-elect qualifies |
| No President-elect chosen by Inauguration Day | Vice President-elect becomes acting President until a President-elect is chosen |
| President-elect dies before Inauguration Day | Vice President-elect sworn in as President and serves full four-year term |
| Ratification | Required by legislatures of three-fourths of the States within seven years of submission |
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What You'll Learn
The terms of the President and Vice President
The 20th Amendment to the United States Constitution, adopted on January 23, 1933, outlines the terms of the President and Vice President, as well as addressing the transition period and clarifying procedures in the case of an absence of an elected President.
The key provisions regarding the terms of the President and Vice President are as follows:
- The terms of the President and Vice President end at noon on the 20th of January, with the terms of their successors beginning immediately after. This change was made to reduce the length of the transition period, which previously had the potential to create a "`lame-duck"` situation where the outgoing President and members of Congress served the remainder of their terms after an election.
- In the event that the President-elect dies before taking office, the Vice President-elect will be sworn in as President and will serve the full four-year term. This provision ensures a clear line of succession and prevents a constitutional crisis.
- If, on Inauguration Day, there is no President-elect or the President-elect fails to qualify, the Vice President-elect will become the Acting President until a President-elect is chosen or the President-elect qualifies. This addresses a previous lack of guidance in the Constitution, which did not specify what should happen in such a scenario.
- The 20th Amendment also establishes that the terms of Senators and Representatives end at noon on the 3rd of January, with the annual meeting of Congress taking place on the same day unless a different day is appointed by law.
The 20th Amendment was proposed by the 72nd Congress on March 2, 1932, and was ratified by three-fourths of the states within seven years, as required by Article I, Section 4, Clause 2 of the Constitution. This amendment addressed key issues regarding the transition of power and ensured a smoother transfer of authority between administrations.
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The terms of Senators and Representatives
The 20th Amendment to the United States Constitution, proposed by the 72nd Congress on March 2, 1932, and ratified on January 23, 1933, moved the beginning and ending of the terms of the president and vice president from March 4 to January 20, and from March 4 to January 3 for members of Congress.
The 20th Amendment reduced the presidential transition and the "lame-duck" period, during which members of Congress and the president serve the remainder of their terms after an election. In 1916, during World War I, President Woodrow Wilson devised a plan to avoid a lame-duck presidency by allowing his Republican opponent, Charles Evans Hughes, to assume presidential powers immediately if Hughes had won the election. Wilson planned to appoint Hughes as Secretary of State, who was second in the presidential line of succession. Wilson and Vice President Thomas R. Marshall would then have resigned, leaving Hughes as acting president. However, the plan was never implemented as Wilson was re-elected.
The 20th Amendment also addresses situations where there is no president-elect. Section 3 of the Amendment refines the Twelfth Amendment by declaring that if the president-elect dies before Inauguration Day, the vice president-elect will be sworn in as president and serve a full four-year term. It also states that if, on Inauguration Day, a president-elect has not been chosen or is unqualified, the vice president-elect will become acting president until a president-elect is chosen or qualifies.
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Congress assembly
The 20th Amendment to the United States Constitution outlines several key provisions regarding the terms of office and transition periods for the president, vice president, and members of Congress. One of the main purposes of this amendment was to reduce the length of the "lame-duck" period, which refers to the time between an election and the beginning of the term of a newly elected official.
The 20th Amendment mandates that Congress shall assemble at least once every year. The default date for this assembly is specified as the first Monday in December, as outlined in Article I, Section 4, Clause 2 of the Constitution. However, Congress has the authority to set another date for this meeting if necessary. This provision ensures that Congress convenes regularly and can conduct its legislative duties.
The amendment also addresses the issue of a potential deadlock in the Electoral College regarding the presidential or vice-presidential elections. In such a scenario, the amendment establishes that the incoming Congress, not the outgoing one, would hold a contingent election. This provision ensures that the newly elected Congress has a say in resolving any disputes arising from a close or contested election.
Furthermore, the 20th Amendment provides clarity on the transition process for members of Congress. It specifies that the terms of Senators and Representatives end at noon on the third day of January, with the terms of their successors beginning immediately afterward. This provision ensures a seamless transition and allows the newly elected members of Congress to take office promptly.
The amendment also addresses scenarios where there is no president-elect or where the president-elect fails to qualify. In such cases, the amendment grants Congress the authority to determine who should act as president until a new president or vice president is chosen. This provision ensures that there is a clear process for resolving any uncertainties or disputes arising during the presidential transition.
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The President-elect dies before Inauguration Day
The 20th Amendment to the U.S. Constitution, passed in 1932 and ratified in 1933, addresses the scenario in which the President-elect dies before Inauguration Day. The amendment states that if the President-elect dies or is incapacitated before taking office, the Vice President-elect shall become President. This provision ensures a smooth transition of power and eliminates any potential constitutional crisis that could arise from a vacancy in the presidency.
The 20th Amendment was adopted to address concerns about the four-month delay between the November elections and the March inauguration, which was seen as a hindrance to swift governmental action in times of crisis. The amendment changed the inauguration date to January 20th, and its provisions regarding presidential succession were set to take effect on October 15, 1933. Interestingly, this new date almost came into play when President-elect Franklin D. Roosevelt was targeted for assassination on February 15, 1933.
In the event that the President-elect dies or becomes incapacitated before Inauguration Day, the line of succession is clear. The Vice President-elect would assume the role of President and serve the full four-year term. This is specified in Section 3 of the 20th Amendment, which focuses on addressing potential issues related to presidential and vice-presidential succession.
It is important to note that the 20th Amendment also outlines procedures for situations where neither a President-elect nor a Vice President-elect has been chosen before the start of their terms. In such cases, Congress may provide a solution by law, determining who will act as President until a qualified candidate is selected. This aspect of the amendment ensures that the country always has a leader and avoids any power vacuums during critical times.
While the 20th Amendment addresses the death of a President-elect before Inauguration Day, it is worth mentioning that similar scenarios can occur at other stages of the election process. For instance, if a candidate dies or becomes incapacitated between the general election and the meeting of electors, there is no federally mandated process. However, individual states may have their own requirements for how electors should vote in such situations. Overall, the 20th Amendment plays a crucial role in ensuring the continuity of leadership and providing a framework for addressing various scenarios related to presidential succession.
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The Electoral College deadlocks
The Twentieth Amendment to the US Constitution includes provisions for the event of an Electoral College deadlock. The amendment states that if no person receives a majority of the electoral votes for President, then the House of Representatives shall immediately choose the President by ballot. Similarly, if no person receives a majority of electoral votes for Vice President, then the Senate shall immediately choose the Vice President by ballot.
To understand how this process works, it's important to first understand the Electoral College system. The Electoral College is the method by which the United States elects the President and Vice President. When citizens cast their ballots for President on Election Day, they are technically voting for a slate of electors. Each state is allocated a number of electors equal to the combined total of its Senate seats (always two) and its House seats (which vary based on population). The District of Columbia is allocated three electors, bringing the total number of electors to 538. In most states, the candidate who wins the popular vote in that state receives all of that state's electoral votes.
A deadlock in the Electoral College can occur when no candidate receives a majority of the electoral votes, which is 270 out of 538. This scenario has never actually occurred in US history, but it is a concern due to the possibility of a small number of faithless electors or other unforeseen circumstances. In the event of an Electoral College deadlock for President, the House of Representatives is tasked with choosing the President. Each state delegation casts a single vote, and a candidate must receive a majority of state delegation votes (currently 26) to become President. If the House fails to choose a President by noon on January 20, then the Vice President-elect becomes Acting President until the House makes a decision.
Similarly, if no candidate receives a majority of electoral votes for Vice President, the Senate chooses the Vice President. A candidate needs a majority of the Senate's votes (currently 51) to become Vice President. If the Senate fails to choose a Vice President by January 20, then the Vice Presidential candidate with the highest number of electoral votes becomes Acting Vice President until the Senate makes a decision.
It's important to note that the process for breaking an Electoral College deadlock is separate from the regular procedure for counting and certifying electoral votes, which falls under the Electoral Count Act of 1887. The Twentieth Amendment's provisions only come into play when there is a true deadlock where no candidate reaches the required majority of electoral votes.
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Frequently asked questions
The 20th Amendment changed a portion of Article I, Section 4, and a portion of the 12th Amendment. It moved the beginning and end of the terms of the president, vice president, and members of Congress from March 4 to January 20 and 3, respectively. It also outlines what to do when there is no president-elect.
The 20th Amendment was proposed by the 72nd Congress on March 2, 1932, and was adopted on January 23, 1933.
The Amendment reduced the presidential transition and the "lame duck" period, where members of Congress and the president serve the remainder of their terms after an election. It also established that congressional terms would begin before presidential terms.
Section 3 of the 20th Amendment outlines that if the president-elect dies before Inauguration Day, the vice president-elect will be sworn in as president and serve the full four-year term. It also states that if there is no president-elect on Inauguration Day, the vice president-elect becomes the acting president until a president-elect is chosen.
The 20th Amendment states that it will be inoperative unless ratified as an amendment to the Constitution by the legislatures of three-fourths of the states within seven years of its submission.
