Amendment 20 of 27 · 1933
Twentieth Amendment
When terms begin
The one-line version
New Presidents start on January 20, and new members of Congress start on January 3, after the November election.
The Twentieth Amendment in plain English
Section 1. The terms of the President and Vice President end at noon on January 20. The terms of Senators and Representatives end at noon on January 3. New officials begin their terms at the same time.
Section 2. Congress meets at least once a year, beginning at noon on January 3, unless Congress sets a different day by law.
Section 3. If a President-elect dies before taking office, the Vice President-elect becomes President. If no President has been chosen by the start of the term, or if the President-elect has not qualified, the Vice President-elect serves as Acting President until a President qualifies. Congress can pass laws for what happens if neither has qualified.
Section 4. Congress can pass laws for what happens if a candidate dies during certain stages of the presidential election process.
Section 5. Sections 1 and 2 take effect on October 15 after ratification.
Section 6. This amendment is void if not ratified within seven years.
Original text, 1933
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.
Phrase by phrase
The terms of the President and Vice President shall end at noon on the 20th day of January
- The President's and Vice President's terms end at noon on January 20.
the terms of Senators and Representatives at noon on the 3d day of January
- Members of Congress end their terms at noon on January 3.
The Congress shall assemble at least once in every year
- Congress must meet at least once a year.
the President elect shall have died, the Vice President elect shall become President
- If the President-elect dies before the term starts, the Vice President-elect becomes President.
the Vice President elect shall act as President until a President shall have qualified
- If no President is ready on time, the Vice President-elect fills in.
Picture it
Example. Not legal advice.
Picture the winner of a presidential election dying on January 10, after Congress has counted the electoral votes but before Inauguration Day. This amendment answers what happens next. The Vice President-elect becomes President at noon on January 20. Before 1933, the Constitution did not clearly say.
Myth check
MythA President who loses the election leaves office right away.
FactThe outgoing President keeps full power until noon on January 20. This time between the election and the handover is often called the lame-duck period.
Common questions
What does the 20th Amendment say in simple terms?
New Presidents and Vice Presidents start their terms at noon on January 20. New members of Congress start at noon on January 3. It also says who takes over if a President-elect dies or is not ready.
Why is Inauguration Day on January 20?
The 20th Amendment set that date. Before 1933, new Presidents took office on March 4, four months after the election. The amendment shortened that wait. The first January 20 inauguration was in 1937.
What happens if the president-elect dies before Inauguration Day?
The Vice President-elect becomes President when the term begins. Section 3 of the 20th Amendment sets this rule. It has never been needed so far.
Why is it called the Lame Duck Amendment?
A lame duck is an official still in office after someone else has been chosen to replace them. The 20th Amendment shortened that period. It moved the start of new terms closer to the November election.
Go deeper
The scene · 1933
Before this amendment, officials elected in November did not take office until March 4. In the winter of 1932 to 1933, the Great Depression was getting worse. President Herbert Hoover had lost the election, but Franklin Roosevelt had to wait four months to take over. The Twentieth Amendment, ratified in January 1933, shortened that wait for future elections.
Back then
In 1788, the old Congress set March 4, 1789, as the day the new government would start. That long gap made sense when travel and vote counting were slow. By the 1930s, trains, telegraphs, and radio made the four-month wait unnecessary. A long lame-duck period also meant outgoing officials stayed in power after voters rejected them.
Words that changed
- “lame duck”
ThenAn old business term for someone who could not pay their debts.
NowAn official who is still in office after someone else has been chosen to replace them.
More history and context
The Twentieth Amendment was ratified on January 23, 1933. It is sometimes called the "Lame Duck Amendment," because it shortened the time between an election and when the winners take office.
Before this amendment, officials elected in November did not take office until March 4 of the next year. That left four months when outgoing officials kept power after losing. The amendment moved the start of presidential terms to January 20 and congressional terms to January 3. The first January 20 inauguration was in 1937.
The amendment also says what happens if a President-elect dies, fails to qualify, or has not been chosen by the start of the term. These rules have never been needed so far.
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