The 20th Amendment

The 20th amendment

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On the 3rd of January 1935, the 20th amendment to the constitution was presented to limit the "lame duck" period. It was a historic day because old Congress died that day, and new Congress came in front of the nation. According to the constitution, Congress must arrange a meeting once a year in which the present president could call special sessions. The gap between the days when the new president started to operate disturbed the schedule of congress meeting. The gap between the inauguration of the president and the election was known as the lame-duck period that made the situation awkward for the Congress. This issue was highlighted during 1861 and 1933 when presidents, including Franklin D. Roosevelt, Abraham Lincoln, along with other senators and representatives, had to wait 4 months before they could deal with the secession of Southern states and the Great Depression respectively.

During World War I, there was a need for a sudden decision in 1916 when President Woodrow Wilson allowed Republican opponents to use presidential power to avoid a lame-duck presidency. Therefore, by noticing previous issues and needs, Senator George Norris of Nebraska presented the 20th amendment basis and initial resolution in 1923. After a decade, 72nd Congress proposed the 20th amendment on the 2nd of March 1932. This amendment was ratified by 48 states. The 20th amendment arranges the time limits for presidents, vice presidents, and members of Congress. It implies that Congress has to meet on January 3rd and sate can be changed only bypassing the law. In addition, if the president dies before he starts to operate, then the vice president will automatically become the president without conducting new elections. Similarly, if the present delays in joining his duty, then the vice president will act as a dummy president unless elected president joins his duties. In special cases, congress members can provide genuine reasons for why the elected president is not eligible, or vice president cannot act as president.

The impact of the 20th amendment was positive and in favor of political bodies. It turned to be welcoming and favorable by both presidents and vice presidents as the lame-duck period was reduced by about six weeks, and eliminated it completely from congress. It also explained that in the event that if the Electoral College becomes unable to select a new president or vice president, then the new Congress will perform the task, rather than the Congress whose power is about to end. This method increased the speed of replacement between old and new Congress. The first implementation of the 20th amendment was recorded just after the twenty-three days after it was adopted. It was used when President Roosevelt got injured and became unable to perform his duty. However, by keeping the 20th amendment into consideration, Vice President John N. Garner started to serve his duty as a dummy president. They both were the first president and vice president after the approval of the 20th amendment. In addition, there was a direct impact of the amendment on Congress as 73rd Congress was unable to arrange a meeting on the 4rth of March 1933. As a result, President Roosevelt proclaimed a 100-day special session of Congress started from 9th March to 16th June 1933.

There are fewer cases related to the 20th amendment due to its straightforward and technical explanation. However, there is a case of attorney Mario Apuzzo of New Jersey who filed a lawsuit on behalf of 4 persons. These four persons wanted to challenge the eligibility of President Barack Obama to be president. Furthermore, Congress was also sued as a singular entity by the plaintiff. He identified Obama as a defendant in the act both individually and as a member of the Senate. The reason for the defendants was that Congress has failed to uphold the constitutions because Obama was not eligible for the position of president, and he should not be approved by Congress to take part in the election. There were various other cases filed against Obama eligibility, but this case was highlighted as it was based on the 20th amendment. This case stated that the 20th amendment was violated by the defendants by failing to ensure that Obama fulfilled all the requirements that could make him eligible to hold office.

There is one limitation to the 20th amendment that it tells that vice president can become president if the current president dies. However, it does not explain other situations like does the Vice President become President or only Acting President if the President dies in office and is succeeded by the Vice President. Besides, the overall effect of the amendment is positive for politics. This can be observed by the current event in the U.S. steel plant, where Donald Trump highlighted the 20th amendment. He explained that politics is the second oldest profession, which is improving with time. For instance, the 20th amendment brought a big change in the 20th century. Congress proposed the 20th amendment that helped to extend the length of congressional sessions. It also helped in the expansion of administration on steroids. The 20th amendment is still relative today because the facts and reasons that it explains cannot be eliminated from the political activities. There can be uncertainties and issues with the current president and vice president that can be efficiently solved with the help of the 20th amendment. It provides a proper law and policy to move the new elected party in a systematic manner.

Bibliography

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“How the 20th Amendment Made Lame-Duck Sessions Less Lame - National Constitution Center.” Accessed December 18, 2019. https://constitutioncenter.org/blog/how-the-20th-amendment-made-lame-duck-sessions-less-lame.

“Op-Ed: Politics Is Clearly the Oldest Profession | National | Thecentersquare.Com.” Accessed December 18, 2019. https://www.thecentersquare.com/national/op-ed-politics-is-clearly-the-oldest-profession/article_6ca4d4f8-8605-11e9-9966-d3a86cb24299.html.

"The 20th Amendment | U.S. House of Representatives: History, Art & Archives." Accessed December 18, 2019. https://history.house.gov/Historical-Highlights/1901-1950/The-20th-Amendment/.