[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 113th Congress]
[113rd Congress]
[House Document 112-161]
[The United States Constitution]
[Pages 109-113]
[From the U.S. Government Publishing Office, www.gpo.gov]


 

                      AMENDMENT XX.\11\


[[Page 110]]

tives 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.
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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 Representa


  \11\ See article I, section 4 of the Constitution. The 20th 
amendment to the Constitution 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 36 of the 48 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.

  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.
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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.



[[Page 111]]

  Before 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 before and pursuant 
to the 20th amendment, see Sec. 6, supra (accompanying art. I, sec. 2, 
cl. 1), and Deschler, 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, 1980, pp. 37773, 37774; Jan. 3, 
1996, pp. 35, 36; Jan. 3, 2012, p. _; Jan. 3, 2013, p. _). The House has 
adjourned the second session of a Congress without motion at its 
expiration and convened the first session of the new Congress on a 
different date as prescribed by law (Jan. 3, 2009, p. 24812).


-  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 begin

[[Page 112]]

ning 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. 243. Laws appointing different day for 
convening.

  Since  ratification, the following days for assembling have been 
established: 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; 
Public Law 103-395, Jan. 4, 1995; Public Law 104-296, Jan. 7, 1997; 
Public Law 105-140, Jan. 27, 1998; Public Law 105-350, Jan. 6, 1999; 
Public Law 106-127, Jan. 24, 2000; Public Law 107-328, Jan. 7, 2003; 
Public Law 108-181, Jan. 20, 2004; Public Law 108-433, Jan. 4, 2005; 
Public Law 109-447, Jan. 4, 2007; Public Law 110-430, Jan. 6, 2009; 
Public Law 111-121, Jan. 5, 2010; Public Law 111-289, Jan. 5, 2011. Such 
laws for the convening of a second session of a Congress may provide for 
possible earlier assembly by joint-leadership recall (see, e.g., Public 
Law 107-98, Jan. 23, 2002).




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.


  Before the 20th amendment there was no provision in the Constitution 
for 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 113]]

  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.