Twentieth Amendment

The 1933 “Norris Lame Duck” Amendment, as it was popularly known at the time of its ratification, eliminates the December to March Congressional “lame duck” short sessions that resulted from constitutionally and legislatively established dates for the beginning (December) and close (March in odd numbered years) of congressional sessions. The March date reflected the time required to journey to Washington before railroads shortened travel time. Sessions beginning in December of the even years lasted only three months. Congressmen elected in those years did not take office for thirteen months, and those whom they had defeated continued service in the short session. The sessions, marked by obstructionist filibusters, were unproductive, and in light of change in travel and communications, became obsolete. Their potential for troublemaking was confirmed during and after “Secession Winter” (1860–1861).

Since altering the term commencement from December and March to January shortened the constitutionally mandated terms of those in office, a constitutional amendment rather than legislation was required to effectuate the reform. The amendment's author, Senator George Norris, concerned with congressional efficiency and accountability, regarded it as one of his greatest achievements.

The amendment also moves the inauguration date for president and vice president from March to January, clarifies the status of the vice president–elect should the president‐elect die before taking office (vice president–elect becomes president‐elect), and enables Congress to legislate concerning other stipulated exigencies regarding presidential succession.

See also Constitutional Amendments.

— Mary Cornelia Aldis Porter

The Twentieth Amendment to the U.S. Constitution reads:

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.

The Twentieth Amendment was proposed on March 2, 1932, and ratified on January 23, 1933. The amendment moved the date on which new presidential and vice presidential terms begin as well as the date for beginning new congressional terms, ended the abbreviated congressional session that had formerly convened in even-numbered years, and fixed procedures for presidential succession if the president-elect dies before inauguration day.

Senator George W. Norris of Nebraska was the primary sponsor of the Twentieth Amendment. He was concerned about the gap between the holding of federal elections on the first Tuesday in November and the installation of the newly elected officials in March of the following year. The Constitution specified that the presidential and vice presidential terms should begin on March 4 and the congressional terms on March 3. As a result, senators and representatives who were defeated in November could remain in office and vote on measures for four months, thereby earning the name "lame ducks."

The Constitution also required Congress to hold an abbreviated session in even-numbered years from early December until the next Congress convened in March. These "lame duck" sessions were generally unproductive, as the members engaged in virtually no legislative activity. At the same time, however, these sessions provided the opportunity for defeated members to vote on measures without any accountability to the voters.

Under the Twentieth Amendment, the presidential and vice presidential terms begin on January 20, and congressional terms begin on January 3. The lame duck session requirement was also abolished.

Another section of the amendment deals with presidential succession should the president-elect die before taking office. The amendment provides that the vice president elect shall become the president-elect and take office on January 20; the amendment also authorizes Congress to legislate on other matters of presidential succession.

Passed by Congress March 2, 1932. Ratified January 23, 1933.

Note:
Article I, section 4, of the Constitution was modified by section 2 of this amendment. In addition, a portion of the 12th amendment was superseded by Section 3

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 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.

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Meaning #1: an amendment to the Constitution of the United State adopted in 1920; guarantees that no state can deny the right to vote on the basis of sex

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Page 1 of Amendment XX in the National Archives

Page 2 of the amendment

Amendment XX (the Twentieth Amendment) of the United States Constitution, also called The Lame Duck Amendment, or the "Norris" Amendment,^{[citation needed]} establishes some of the details dealing with presidential succession and the beginning and ending of the terms of the elected federal officials.

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. Sec. 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. Sec. 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. Sec. 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. Sec. 5. Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article. Sec. 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.

”

History

This amendment was established in 1933. The purpose of the amendment was to reduce the amount of time between the election of the President and Congress and the beginning of their terms. Under the Constitution as originally adopted, the terms of the President and the Congress began on March 4, four months after the elections were held. While this lapse was a practical necessity during the 18th century, at which time a newly elected official might need several months to put his affairs in order and then undertake the arduous journey from his home to the national capital, it had the effect of impeding the functioning of government in the modern age. This was seen most notably as the states of the Confederate States of America seceded after the election of Abraham Lincoln but before he could take office in 1861, and while the Great Depression worsened following the election of Franklin D. Roosevelt in 1932, but the nation remained under the lame duck leadership of Herbert Hoover.

In addition, under Article One as originally adopted, Congress was required to convene once each year in December. That resulted in a mandatory "lame-duck" session following each election, at which (typically) little was accomplished.

The amendment was ratified on January 23, 1933 but, because of Section 5, it did not affect the dates for the meeting of Congress or the inauguration of the new President Roosevelt, in 1933.

On February 15, 1933, only 23 days after this amendment was ratified, President-elect Franklin D. Roosevelt was the target of an unsuccessful assassination attempt by Giuseppe Zangara. If the attack had killed Roosevelt, the provisions of Section 3 of the amendment would have become operative, and John Nance Garner would have been sworn in as President on Inauguration Day March 4, 1933.

The first inauguration to take place under Section 1 of this amendment was that of Roosevelt and Vice President John Nance Garner on January 20, 1937.

Proposal and ratification

Congress proposed the Twentieth Amendment on March 2, 1932.^[1] The following states ratified the amendment:

1. Virginia (March 4, 1932)
2. New York (March 11, 1932)
3. Mississippi (March 16, 1932)
4. Arkansas (March 17, 1932)
5. Kentucky (March 17, 1932)
6. New Jersey (March 21, 1932)
7. South Carolina (March 25, 1932)
8. Michigan (March 31, 1932)
9. Maine (April 1, 1932)
10. Rhode Island (April 14, 1932)
11. Illinois (April 21, 1932)
12. Louisiana (June 22, 1932)
13. West Virginia (July 30, 1932)
14. Pennsylvania (August 11, 1932)
15. Indiana (August 15, 1932)
16. Texas (September 7, 1932)
17. Alabama (September 13, 1932)
18. California (January 4, 1933)
19. North Carolina (January 5, 1933)
20. North Dakota (January 9, 1933)
21. Minnesota (January 12, 1933)
22. Arizona (January 13, 1933)
23. Montana (January 13, 1933)
24. Nebraska (January 13, 1933)
25. Oklahoma (January 13, 1933)
26. Kansas (January 16, 1933)
27. Oregon (January 16, 1933)
28. Delaware (January 19, 1933)
29. Washington (January 19, 1933)
30. Wyoming (January 19, 1933)
31. Iowa (January 20, 1933)
32. South Dakota (January 20, 1933)
33. Tennessee (January 20, 1933)
34. Idaho (January 21, 1933)
35. New Mexico (January 21, 1933)
36. Georgia (January 23, 1933)
37. Missouri (January 23, 1933)
38. Ohio (January 23, 1933)
39. Utah (January 23, 1933)

Ratification was completed on January 23, 1933. The amendment was subsequently ratified by the following states:

1. Massachusetts (January 24, 1933)
2. Wisconsin (January 24, 1933)
3. Colorado (January 24, 1933)
4. Nevada (January 26, 1933)
5. Connecticut (January 27, 1933)
6. New Hampshire (January 31, 1933)
7. Vermont (February 2, 1933)
8. Maryland (March 24, 1933)
9. Florida (April 26, 1933)

References

1. ^ Mount, Steve (Jan 2007). Ratification of Constitutional Amendments. Retrieved on Feb 24, 2007.

External links

• National Archives: 20th Amendment
• CRS Annotated Constitution: 20th Amendment

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