The 20th Amendment to the U.S. Constitution is often called the “Lame Duck” Amendment. The Amendment was designed to remove the excessively long period of time a defeated president or member of Congress would continue to serve after his or her failed bid for re-election. The inaugural date prior to the 20th Amendment was March 4 for both executive and legislative electees.
The “Lame Duck” Amendment shortened the time between the November election and when Congress and the executive branch officials took their offices. It set the dates of inauguration for the President and Vice President as the 20th of January following the previous November election. Senators and Representatives began their new terms on the third day of January.
Under the 20th Amendment, Congress assembled at least once a year on the third of January. Congress could, by law, appoint another day.
The 20th Amendment also provided that if the President-elect died before taking the oath, the Vice President-elect would assume the office of President.
If the President-elect was not qualified or had not been duly chosen as President, then the Vice President-elect would become “President until a President shall have qualified.”
The Congress was authorized under this Amendment to provide by law “for the case wherein neither the President-elect nor a Vice President-elect shall have qualified.”
Section 4 of the Amendment gave Congress the authority to “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.”
The last section of the 20th Amendment provided that the entire Amendment would become inoperative unless ratified by three-fourths of the “states within seven years from the date of its submission.” It was ratified in January 1933.
We shall continue our study in the next article about the 21st Amendment. Please continue to read and study the Constitution and the Declaration of Independence. I promise you that such study is time well spent.
Paul G. Summers is an attorney. He formerly served as an appellate and senior judge, district attorney general, and Attorney General of Tennessee.
