Omar Bennett
The 20th Amendment to the US Constitution, ratified in 1933, shortened the lame-duck period, during which members of Congress and the president serve the remainder of their terms after an election. Lame-duck sessions occur when Congress meets after an election, with outgoing members retaining voting powers. The 20th Amendment pushed forward the start of presidential terms from March to January and established a new start date for congressional terms, moving it from December to January. This reduced the lame-duck period, enhancing government responsiveness and addressing concerns about extended lame-duck sessions, which were seen as opportunities for political chicanery.
| Characteristics | Values |
|---|---|
| Definition | A "lame duck" session of Congress is one that takes place after the election for the next Congress has been held, but before the current Congress has reached the end of its constitutional term. |
| Participants | Sitting members of the existing Congress, not those entitled to sit in the new Congress. |
| Timing | Any meeting of Congress after election day (in November of even-numbered years) but before the following 3rd of January. |
| Duration | On average, lame-duck sessions last 37 days, but recent years have trended toward longer sessions. |
| Purpose | To prevent a "pocket veto" by the president, to pass unfinished business, or to deal with specific, urgent issues. |
| Historical Frequency | More common in the past when necessitated by circumstances such as economic crisis or war management. |
| Amendment | The 20th Amendment to the Constitution, ratified in 1933 and effective in 1935, shortened the lame-duck period. |
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What You'll Learn
The 20th Amendment reduced lame-duck periods
The 20th Amendment to the US Constitution, which came into effect in 1935, reduced lame-duck periods by establishing that congressional terms would begin before presidential terms. The amendment also shortened the transition period between the election of a new president and their inauguration.
Before the 20th Amendment, which was ratified in 1933, Congress would meet in a lame-duck session from the first Monday in December until March 4th of odd-numbered years. This left politicians in place for a few extra months, despite not being accountable to voters. The 20th Amendment shortened this lame-duck period by establishing that congressional terms would begin at noon on the 3rd of January of each year. This change also meant that the incoming Congress, rather than the outgoing one, would hold a contingent election if the Electoral College could not decide on a presidential or vice-presidential winner.
The 20th Amendment also shortened lame-duck periods for presidents-elect by moving the inauguration date from March 4th to January 20th. This change could have had a significant impact on the course of American history. For example, Abraham Lincoln was elected in November 1860 but could not take action to prevent seven states from seceding from the Union during the lame-duck period of his predecessor, James Buchanan. By the time Lincoln was inaugurated in March 1861, the seceding states had formed their own government, and the Civil War was imminent.
While the 20th Amendment reduced lame-duck periods, it did not eliminate them. Congress has held 23 lame-duck sessions since the passage of the amendment, and since 2000, both chambers have convened after every election. Critics argue that it is unethical to allow politicians who have lost reelection to continue to legislate, especially as research suggests that outgoing members of Congress are more likely to ignore the will of their constituents.
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Lame-duck sessions are post-election
The 20th Amendment to the Constitution, ratified in 1933 and taking effect in 1935, significantly shortened the lame-duck period. Before this amendment, congressional elections were held in November, but Congress resumed on the first Monday in December, and a new Congress began on March 4 of odd-numbered years. This resulted in a lengthy lame-duck session that lasted from December 1 until March 4. The 20th Amendment changed this by moving the beginning of congressional terms to January 3, reducing the lame-duck period.
Lame-duck sessions are often seen as an opportunity for outgoing politicians to pass laws or approve nominees before the new Congress takes office. However, they have also been criticised for providing an extended period for politicians who are not accountable to voters anymore. In recent years, lame-duck sessions have become longer, with Congress using them to pass appropriations bills and address unfinished business.
The possibility of a lame-duck session can also arise from specific actions undertaken by Congress or the President. For example, Congress can reconvene after an election during the last portion of its term through methods such as pursuing a previously enacted law prescribing an additional session or following a recess within a session that spans the election.
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Congress meets annually in December
Congress typically meets annually in December, with a one- to two-month break during election periods. Before the 20th Amendment to the Constitution, which was ratified on January 23, 1933, and took effect in 1935, Congress would resume on the first Monday in December, and a new Congress would begin on March 4 of odd-numbered years. This meant that the last session of a Congress would be a lame-duck session lasting from December 1 until March 4.
The 20th Amendment shortened this lame-duck period by establishing that Congress shall assemble at least once a year, and that such meetings shall begin at noon on January 3 unless a different date is appointed by law. This change eliminated the extended lame-duck congressional sessions, and now, any meeting of Congress after election day in November but before January 3 is considered a lame-duck session.
In modern times, lame-duck sessions often start in mid-November and can extend to January 2 of the following year. They are typically used to pass appropriations bills and address unfinished business from the regular session, such as passing a budget, a disaster supplemental aid package, or reauthorizing certain programs.
The Constitution originally provided for regular sessions of Congress to begin annually on the first Monday in December. In even-numbered years, a lame-duck session was required by the Constitution, as there was a four-month period between the election and inauguration of the new president. This long lame-duck period was a practical necessity in the 18th century, as newly elected officials might need several months to put their affairs in order and travel to the national capital. However, over time, it impeded the functioning of the government and prevented a timely response to national crises.
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Lame-duck sessions can be called by the President
The 20th Amendment to the US Constitution, which came into effect in 1935, shortened the time outgoing elected officials have a role in passing laws. Before this, lame-duck sessions were considerably different. Congress would meet in a long session from December of odd-numbered years and in a short lame-duck session in December of even-numbered years. The session would last from December 1st until March 4th of the following year, leaving politicians in place for a few extra months.
The 20th Amendment established that congressional terms would begin before presidential terms, with the terms of Members of Congress starting and ending on January 3rd of odd-numbered years. This means that any meeting of Congress after election day (usually in November of even-numbered years) but before January 3rd is a lame-duck session.
Lame-duck sessions are often used to pass unfinished business from the previous regular session, such as passing a budget, or dealing with specific, urgent issues. For example, during the lame-duck session of the 117th Congress, the National Defense Authorization Act of 2023 and the Consolidated Appropriations Act of 2023 were passed.
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Lame-duck sessions can last up to 56 days
The 20th Amendment to the US Constitution, which came into effect in 1935, significantly reduced the duration of lame-duck sessions. Before the amendment, lame-duck sessions could last from December 1st until March 4th of odd-numbered years, a period of around three months. This lengthy duration was considered a practical necessity in the 18th century, as newly elected officials might need several months to settle their affairs and travel to the national capital.
However, in modern times, the 20th Amendment established that the terms of Members of Congress would begin and end on January 3rd of odd-numbered years, thus reducing the lame-duck period. Now, a lame-duck session can occur only after a November election and before January 3rd of the following year, resulting in a much shorter duration.
While the average length of a lame-duck session is around 37 days, recent years have seen a trend towards longer sessions. For example, in 2020, the Senate's lame-duck session lasted for 56 days. This extended period highlights the ongoing evolution of lame-duck sessions and the potential for further changes in the future.
The 20th Amendment was a crucial step in reducing the influence of outgoing elected officials and enhancing the responsiveness of the government. By shortening the lame-duck period, the amendment ensured that newly elected officials could assume their roles and address pressing issues more promptly, improving the overall efficiency of the legislative process.
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Frequently asked questions
A lame-duck session of Congress takes place after the election for the next Congress but before the current Congress's term ends.
Congress might pass appropriations bills, resolve unfinished business from a regular session, or deal with urgent issues. Theoretically insulated from potential political ramifications, lame-duck sessions have also held more "risky" votes.
The 20th Amendment, which came into effect in 1935, reduced the lame-duck period by advancing the start of the congressional term from March to January.
