    [Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 104th Congress]
    [104th Congress]
    [House Document 103-342]
    [The United States Constitution]
    [Pages 102-105]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 102]]

                               AMENDMENT XX.a

    Sec. 241. Commencement of terms of Pres., Vice
    Pres., Senators and Representatives.

      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.

      a The 20th amendment to the Constitution of the United States was
    proposed to the legislatures of the several States by the 72d Congress,
    on March 3, 1932, and was declared in a proclamation by the Secretary of
    State dated February 6, 1933, to have been ratified by the legislatures
    of thirty-six of the forty-eight States. The dates of these
    ratifications were: Virginia, March 4, 1932; New York, March 11, 1932;
    Mississippi, March 16, 1932; Arkansas, March 17, 1932; Kentucky, March
    17, 1932; New Jersey, March 21, 1932; South Carolina, March 25, 1932;
    Michigan, March 31, 1932; Maine, April 1, 1932; Rhode Island, April 14,
    1932; Illinois, April 21, 1932; Louisiana, June 22, 1932; West Virginia,
    July 30, 1932; Pennsylvania, August 11, 1932; Indiana, August 15, 1932;
    Texas, September 7, 1932; Alabama, September 13, 1932; California,
    January 4, 1933; North Carolina, January 5, 1933; North Dakota, January
    9, 1933; Minnesota, January 12, 1933; Montana, January 13, 1933;
    Nebraska, January 13, 1933; Oklahoma, January 13, 1933; Arizona, January
    13, 1933; Kansas, January 16, 1933; Oregon, January 16, 1933; Wyoming,
    January 19, 1933; Delaware, January 19, 1933; Washington, January 19,
    1933; South Dakota, January 20, 1933; Tennessee, January 20, 1933; Iowa,
    January 20, 1933; Idaho, January 21, 1933; New Mexico, January 21, 1933;
    Ohio, January 23, 1933; Utah, January 23, 1933; Missouri, January 23,
    1933; Georgia, January 23, 1933. Ratification was completed on January
    23, 1933. The amendment was subsequently ratified by Massachusetts,
    January 24, 1933; Wisconsin, January 24, 1933; Colorado, January 24,
    1933; Nevada, January 26, 1933; Connecticut, January 27, 1933; New
    Hampshire, January 31, 1933; Vermont, February 2, 1933; Maryland, March
    24, 1933; Florida, April 26, 1933.

    [[Page 103]]

    ---------------------------------------------------------------------------
      The ratification of this amendment to the Constitution shortened the
    first term of President Franklin D. Roosevelt and Vice President John N.
    Garner, and the terms of all Senators and Representatives of the 73d
    Congress.

    Sec. 242. Meeting of Congress.

      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.

      Prior to the ratification of the 20th amendment Congress met on the
    first Monday in December as provided in article I, section 4, of the
    Constitution. For discussion of the term of Congress prior to and
    pursuant to the 20th amendment, see Sec. 6, supra (accompanying art. I,
    sec. 2, cl. 1), and Deschler's Precedents, vol. 1, ch. 1.

      Pursuant to section 2 of the 20th amendment, a regular session of a
    Congress must begin at noon on January 3 of every year unless Congress
    sets a different date by law, and if the House is in session at that
    time the Speaker declares the House adjourned sine die without a motion
    from the floor, in order that the next regular session of that Congress,
    or the first session of the next Congress (as the case may be) may
    assemble at noon on that day (Jan. 3, 1981, p. 3774).

    Sec. 243. Laws appointing different day for
    convening.

      Since  ratification, laws appointing a different day for
    assembling have been enacted as follows: Public Law 74-120, Jan. 5,
    1937; Public Law 77-395, Jan. 5, 1942; Public Law 77-819, Jan. 6, 1943;
    Public Law 78-210, Jan. 10, 1944; Public Law 79-289, Jan. 14, 1946;
    Public Law 80-358, Jan. 6, 1948; Public Law 82-244, Jan. 8, 1952; Public
    Law 83-199, Jan. 6, 1954; Public Law 83-700, Jan. 5, 1955; Public Law
    85-290, Jan. 7, 1958; Public Law 85-819, Jan. 7, 1959; Public Law 86-
    305, Jan. 6, 1960; Public Law 87-348, Jan. 10, 1962; Public Law 87-864,
    Jan. 9, 1963; Public Law 88-247, Jan. 7, 1964; Public Law 88-649, Jan.
    4, 1965; Public Law 89-340, Jan. 10, 1966; Public Law 89-704, Jan. 10,
    1967; Public Law 90-230, Jan. 15, 1968; Public Law 91-182, Jan. 19,
    1970; Public Law 91-643, Jan. 21, 1971; Public Law 92-217, Jan. 18,
    1972; Public Law 93-196, Jan. 21, 1974; Public Law 93-553, Jan. 14,
    1975; Public Law 94-186, Jan. 19, 1976; Public Law 94-494, Jan. 4, 1977;
    Public Law 95-594, Jan. 15, 1979; Public Law 96-566, Jan. 5, 1981;
    Public Law 97-133, Jan. 25, 1982; Public Law 98-179, Jan. 23, 1984;
    Public Law 99-379, Jan. 21, 1986; Public Law 99-613, Jan. 6, 1987;
    Public Law 100-229, Jan. 25, 1988; Public Law 101-228, Jan. 23, 1990;
    Public Law 102-475, Jan. 5, 1993.

    [[Page 104]]
    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. 244. Death or disqualification of President
    elect.

      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

    Sec. 245. Statutory succession and the 25th
    amendment.

      Congress  provided by law in 1947 for the performance of the duties
    of the President in case of removal, death, resignation or inability,
    both of the President and Vice President (3 U.S.C. 19). Earlier
    succession statutes covering the periods 1792-1886 and 1887-1948 can be
    found in 18 Stat. 21, and 24 Stat. 1, respectively. Also see the 25th
    amendment to the Constitution, relating to vacancies in the office of
    Vice President and Presidential inability.

      Prior to the 20th amendment there was no provision in the Constitution
    to take care of a case wherein the President elect was disqualified or
    had died.

    Sec. 246. Congress to provide for case wherein
    death occurs among those from whom House chooses a President.

      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.

    [[Page 105]]

      The above section changes the 12th amendment insofar as it gives
    Congress the power to provide by law the manner in which the House
    should proceed in the event no candidate had a majority and one of the
    three highest on the list of those voted for as President had died.

      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.