Lame Duck Congress: Lawmakers Or Law-Breakers?

A lame-duck session occurs when Congress meets after an election, and outgoing members still have the voting powers to pass laws. The term lame duck was first used by the British during the Colonial era to describe businessmen with financial troubles. In the 1830s, the term was adopted to refer to American politicians who had lost an election or decided not to run for re-election but remained in office for a brief period. Lame-duck sessions have become more common since the turn of the millennium, and they can be highly productive. For example, the 116th Congress passed the Consolidated Appropriations Act, 2021, which, at nearly 5,600 pages, was one of the longest pieces of US legislation ever passed.

History of lame-duck sessions

A "lame-duck session" of Congress occurs when the House or Senate reconvenes in an even-numbered year following the November general elections, but before the current Congress has reached the end of its constitutional term. In other words, it is a session where the sitting members of the existing Congress meet after their successors have been elected but before the successor's term begins. These sessions have been a part of US politics since 1935, when the 20th Amendment to the Constitution took effect, and Congress has held 16 lame-duck sessions since 1940.

Prior to the 20th Amendment, which was proposed in 1932 and adopted in 1933, the last regular session of Congress was always a lame-duck session. The Amendment changed the dates of the congressional term, moving the start and end dates from March 4 to January 3, and from March 4 to January 20 for the president and vice president, respectively. This reduced the "lame-duck" period, which previously allowed members of Congress and the president to serve the remainder of their terms after an election.

Historically, lame-duck sessions have been controversial, with critics arguing that it is unethical to allow members who lost reelection to continue to legislate. However, these sessions have also produced significant pieces of legislation and memorable moments in US history. For example, in 1974, Congress passed 138 pieces of legislation during its most productive lame-duck session, dealing with the aftermath of the Watergate scandal and approving the nomination of Nelson Rockefeller as vice president. In 1998, the impeachment of President Bill Clinton was also initiated during a lame-duck session, with the Republican-controlled House not wanting to hold the proceedings in the next regular session due to slimmed majority risks.

In recent years, lame-duck sessions have often focused on negotiating government budget allocations, which can be a contentious issue. For instance, in 2018, Congress struggled to pass its spending bill during the lame-duck session due to disagreements over President Trump's funding request for a border wall, resulting in the longest government shutdown in US history.

Lame-duck sessions and their productivity

Lame-duck sessions, which occur when Congress meets after an election and still holds voting powers, have existed since the 1930s but were not common until the 2000s. They have gradually become more productive and now often account for a large portion of a Congress' legislative output. For example, the 2014-15 lame-duck session generated 38% of the 113th Congress' entire corpus of laws, and the 116th Congress, which concluded in January 2019, was the most productive lame-duck session in the past five decades. During this session, Congress passed the Consolidated Appropriations Act, 2021, which was one of the longest pieces of U.S. legislation ever passed at nearly 5,600 pages in draft form.

However, not all lame-duck sessions are highly productive. The 118th Congress, for instance, is on track to be one of the least productive in recent history, with a slow pace and fewer laws passed than the previous Congress.

Lame-duck sessions can be productive for several reasons. One reason may be that outgoing members are not accountable to voters, so they may be more willing to take legislative action. Additionally, the 20th Amendment shortened the lame-duck period, which may have increased the urgency to pass laws during this time.

During lame-duck sessions, Congress has passed significant legislation, such as the Don't Ask, Don't Tell Repeal Act of 2010, the American Taxpayer Relief Act of 2012, and the Consolidated Appropriations Act, 2021. They have also addressed important issues such as budget resolutions, impeachment, and the creation of the Department of Homeland Security.

Lame-duck session law requirements

A "lame-duck session" occurs when Congress meets after an election, with outgoing members retaining voting powers to pass laws. The term "lame duck" was first used in 1830s America to describe politicians who had lost an election but still held office temporarily.

The 20th Amendment, which came into effect in 1935, altered the arrangements that routinely mandated every Congress to hold its final session as a lame-duck session. The amendment stipulates that Congress should convene annually on January 3rd, marking the beginning and end of members' terms in odd-numbered years. Consequently, any meeting after the November election but before January 3rd is considered a lame-duck session.

While the 20th Amendment aimed to reduce the occurrence of lame-duck sessions, it did not eliminate them. Since 2000, both chambers have consistently convened for increasingly prolonged lame-duck sessions. Critics argue that allowing unelected officials to pass laws is unethical, especially as research suggests these members may be less inclined to respect their constituents' wishes.

Lame-duck sessions typically commence in mid-November, shortly after Election Day, and can extend until late December or early January. On average, these sessions last 37 days, although recent years have seen longer durations. For instance, in 2020, the House's lame-duck session spanned 49 days, while the Senate's lasted 56 days.

Lame-duck session length

The length of a lame-duck session can vary. In the past, the last session of a Congress would be a lame-duck session that lasted from December 1st until March 4th. However, the 20th Amendment shortened this period. Now, a lame-duck session can occur whenever one Congress meets after its successor is elected but before the successor's term begins. This typically means that a lame-duck session lasts from mid-November to the Christmas period in election years, but it can extend to January 2nd of the following year. On January 3rd, a new session begins, and every other year it contains new members of Congress.

Since 1935, when the 20th Amendment took effect, any meeting of Congress after election day (in November of even-numbered years) but before January 3rd of the following year is considered a lame-duck session. The length of the recess preceding a lame-duck session has also varied. On the 12 occasions since 1935 when Congress recessed for the election, the recess typically lasted between one and two months. Nine of the 12 election recesses fell between 30 and 64 days in length, with a mean length of 54 days and a median of 51. The shortest election recess occurred in 2000 when the 106th Congress recessed for only nine days around the election. The longest election recess occurred in 1948 (80th Congress), lasting 145 days.

Lame-duck sessions are typically about a month long, and during this time, Congress can still pass laws and approve nominees. For example, in 1974, Congress approved the nomination of Nelson Rockefeller as Vice President during a lame-duck session. In 1980, the lame-duck Congress passed budget resolutions that had been delayed during the election year. In 1998, a Republican-controlled House approved articles of impeachment against President Bill Clinton. More recently, in 2010, the Don't Ask, Don't Tell Repeal Act and the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act were both signed into law during a lame-duck session. In 2012, the American Taxpayer Relief Act was also passed during a lame-duck session, making the majority of the Bush tax cuts permanent.

Lame-duck session frequency

A lame-duck session of Congress in the United States occurs whenever one Congress meets after its successor is elected but before the successor's term begins. The term "lame-duck session" refers to a meeting of Congress after an election when outgoing members still have voting powers to approve laws and, in the case of the Senate, approve nominees from the Executive Branch.

The possibility of a lame-duck session of Congress in the modern sense began in 1935 when the 20th Amendment to the Constitution took effect. Under this amendment, ratified in 1933, Congress meets in a regular session on January 3 of each year, unless the previous session passes a law changing the date. The terms of members begin and end on January 3 of odd-numbered years. Therefore, any meeting of Congress after election day (in November of even-numbered years) but before the following January 3 is a lame-duck session.

Congress has held 16 lame-duck sessions since 1940. These sessions typically last about a month, from mid-November to just before Christmas. However, the lame-duck period can extend to January 2 of the following year.

During lame-duck sessions, Congress has considered and passed various laws and resolutions, such as the Don't Ask, Don't Tell Repeal Act of 2010, the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, the American Taxpayer Relief Act of 2012, and the reauthorization of the farm bill. In some cases, major matters may be deferred to the succeeding Congress, while in other instances, the President's agenda may be approved or vetoed during the lame-duck session.

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