[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]]

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  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.