The 20th Amendment Explained

The 20th Amendment sets the start and end dates for the terms of the President, Vice President, Senators, and Representatives and establishes what happens when a President elect or Vice President elect cannot take office.

"The terms of the President and the Vice President shall end at noon on the 20th day of January... and the terms of Senators and Representatives at noon on the 3rd day of January..."

Who Does the Twentieth Amendment Affect?

The Federal Government

The Federal Government must follow the constitutional dates for when elected federal officials begin and end their terms and the rules for handling certain vacancies.

State Governments

State Governments must follow the constitutional rules for choosing and replacing members of Congress when required.

The People

The People benefit from a clear transition between elections and the start of new terms, reducing the time between when officials are elected and when they take office.

What Does the Twentieth Amendment Do?

The 20th Amendment changed the dates when elected federal officials begin their terms.

Section 1

Sets January 20 as the date when the President and Vice President begin and end their terms. It sets January 3 as the date when Senators and Representatives begin and end their terms.

Section 2

Requires Congress to begin a new session on January 3 each year unless another date is set by law.

Section 3

Explains what happens if the President elect dies or cannot take office. If the President elect dies, the Vice President elect becomes President. Congress can create rules for what happens if neither person can take office.

Section 4

Allows Congress to create rules for what happens if a presidential or vice presidential candidate dies while Congress is deciding who should take office.

Section 5

Explains when Sections 1 and 2 officially began to apply.

Section 6

Required three fourths of the states to approve the amendment within seven years.

How Does the Twentieth Amendment Work?

After an election, the newly elected Congress begins its term on January 3, while the new President and Vice President begin their terms on January 20.

If the President elect dies before taking office, the 20th Amendment provides:

1. The Vice President elect becomes President.
   The Vice President elect takes over as President at the start of the new presidential term.
2. If the Vice President elect cannot take office, Congress determines who will act as President under federal law.
3. Congress has the authority to establish this succession process.
   The Presidential Succession Act, provides the next people in line if neither the President elect nor Vice President elect can serve.

Where Does the Twentieth Amendment Apply?

Presidential Elections

It sets the date when the President and Vice President begin their terms.

Congressional Elections

It sets the date when Senators and Representatives begin their terms.

Presidential Succession

It provides rules for situations where the President elect or Vice President elect cannot take office.

Congress

It establishes when Congress begins its annual session.

Why Was the Twentieth Amendment Established?

The 20th Amendment was created to shorten the time between an election and the beginning of a new term. Before the amendment, newly elected officials had to wait several months before taking office, creating what was known as a "lame duck" period.

When Was the Twentieth Amendment Approved?

The 20th Amendment was proposed by Congress on March 2, 1932, and approved by the states on January 23, 1933.

It took 11 months to be ratified and became part of the Constitution in 1933.