Anaya Nolan
A lame-duck session occurs when Congress meets after an election, during which outgoing members still have voting powers to approve laws. Lame-duck sessions became a possibility in 1935 when the 20th Amendment to the Constitution took effect, stipulating that Congress meets in a regular session on January 3 of each year. While lame-duck sessions weren't common before the 2000s, they have proven to be productive periods for passing legislation. For instance, during the lame-duck session of the 116th Congress, a $900 billion economic relief bill was passed, along with the Consolidated Appropriations Act, 2021, which was one of the longest pieces of U.S. legislation ever passed. The lame-duck Congress in 1980 also found a bipartisan way to pass budget resolutions that were delayed during the election year.
| Characteristics | Values |
|---|---|
| Definition of lame-duck session | A lame-duck session happens when Congress meets 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. |
| History of lame-duck sessions | 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. |
| Legislative productivity | The 116th Congress had the busiest post-election session in recent history. |
| Examples of laws passed during lame-duck sessions | Consolidated Appropriations Act, 2021, Presidential Threat Protection Act, Striped Bass Conservation Act, Intelligence Authorization Act, Don't Ask, Don't Tell Repeal Act of 2010, American Taxpayer Relief Act of 2012. |
| Timeframe of lame-duck sessions | Lame-duck sessions usually last from mid-November to the Christmas period in election years, but they can extend to January 2nd of the following year. |
| Impact of lame-duck sessions | Lame-duck sessions can be used to pass laws and approve nominees, but they can also be a time for political maneuvering and addressing leftover business from the previous Congress. |
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What You'll Learn
Lame-duck sessions are when Congress meets after an election
A lame-duck session occurs when Congress meets after an election, and the outgoing members still have the voting powers to approve laws. The term "lame duck" was initially used to describe businessmen during the Colonial era who faced financial troubles and resembled wounded game birds. In the 1830s, the term was used to describe American politicians who had lost an election but remained in office for a brief period.
Lame-duck sessions became more common in the 2000s, and they typically accounted for about a fifth of a given Congress' legislative output. The 116th Congress, for instance, passed the Consolidated Appropriations Act, 2021, which was one of the longest pieces of US legislation ever passed. It also included a $900 billion economic relief bill. The 111th Congress passed the Don't Ask, Don't Tell Repeal Act of 2010 and the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010. The 112th Congress passed the American Taxpayer Relief Act of 2012, which made permanent the majority of the Bush tax cuts.
Lame-duck sessions can be important for passing legislation that might otherwise be delayed until the next session. For example, in 1980, the lame-duck Congress passed budget resolutions that had been delayed during the election year. In 2023, the 117th Congress must finish its work in the lame-duck session before the 118th Congress is sworn in. One of the priorities is to get an omnibus spending bill done and decide whether to address the debt limit. Lame-duck sessions can also be an opportunity for the losing party to push through laws that the winning party may not support.
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Congress can pass laws during a lame-duck session
A lame-duck session occurs when Congress meets after an election, when outgoing members still have voting powers to approve laws. The lame-duck session usually lasts from mid-November to the Christmas period in election years, but it can extend to January 2nd of the following year.
During a lame-duck session, Congress can pass laws, and there are several examples of this happening. In 2011, for instance, the Budget Control Act of 2011 was passed during a lame-duck session. In 2020, the American Taxpayer Relief Act of 2012 was signed into law during a lame-duck session. In 2021, Congress passed the Consolidated Appropriations Act, 2021, which was one of the longest pieces of U.S. legislation ever passed.
Lame-duck sessions weren't especially common before the 2000s, but they have become more common in recent years. The 116th Congress, for example, had the busiest post-election session in recent history. During this session, several bills were enacted, including a $900 billion economic relief bill.
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. This amendment shortened the time outgoing elected officials have a role in passing laws.
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Lame-duck sessions are less common since the 20th Amendment
Lame-duck sessions refer to the period after an election when Congress meets, and outgoing members still have voting powers to approve laws. Before the 20th Amendment, these sessions lasted from December 1st until March 4th. This lengthy period left politicians in place who were not accountable to voters for several months. The 20th Amendment, passed in 1932 and ratified in 1933, shortened the lame-duck period by stipulating that congressional terms would begin at noon on January 3rd of each odd-numbered year. This change ensured that newly elected officials would take office much sooner after the election, reducing the time during which outgoing lawmakers could pass legislation.
The 20th Amendment also addressed the issue of an outgoing lame-duck House of Representatives choosing a President in the case of a lack of a majority vote in the Electoral College. By shortening the time between a President's election and inauguration, the amendment prevented a lame-duck Congress from making this critical decision.
While the 20th Amendment reduced the duration of lame-duck sessions, they have not become obsolete. Since the passage of the amendment, Congress has held 23 lame-duck sessions. These sessions have been marked by significant legislative activity, such as the approval of Nelson Rockefeller as Vice President in 1974 and the passage of budget resolutions following Ronald Reagan's victory in 1980.
In recent years, lame-duck sessions have become more common, with both chambers of Congress convening after every election since 2000. Critics argue that it is unethical to allow lawmakers who have lost reelection to continue legislating, as they are no longer accountable to their constituents. Despite these concerns, lame-duck sessions provide an opportunity for outgoing lawmakers to address pressing issues and complete unfinished business before the new Congress takes office.
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Lame-duck sessions can be productive, like the 116th Congress
A lame-duck session occurs when Congress meets after an election, with voting powers to approve laws and, in the case of the Senate, approve nominees from the Executive Branch. Lame-duck sessions were not common before the 2000s, but since then, there has been a lame-duck session at the end of every Congress.
The 116th Congress had the busiest post-election session in recent history. More than 40% of the bills that became law out of the 116th Congress were passed in the final two months of its two-year term. This was the highest share of lame-duck legislation since the 93rd Congress of 1973-74. The 116th 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. It also included a $900 billion economic relief bill.
Despite the late burst of activity, the 116th Congress was one of the least productive in terms of the number of laws passed. However, legislative productivity can be measured in many ways, such as the number of pages in the statute book, how many votes were taken, or comparing bills introduced with bills enacted. The 116th Congress was the second-most productive Congress in terms of the number of pages of public laws enacted, partially due to the large emergency spending bills related to the COVID-19 pandemic.
Lame-duck sessions have been responsible for significant pieces of legislation and memorable moments in U.S. history. For example, in 1974, Congress approved the nomination of Nelson Rockefeller as Vice President during a lame-duck session. In 1998, a Republican-controlled House approved articles of impeachment against President Bill Clinton during a lame-duck session.
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Lame-duck sessions can be used to pass controversial laws
A lame-duck session occurs when Congress meets after an election, when outgoing members still have voting powers to approve laws. Lame-duck sessions can be used to pass controversial laws. For instance, in 2011, the newly GOP-controlled House saw a large faction of members insist on significant spending cuts in exchange for their support in raising the debt limit. This resulted in the Budget Control Act of 2011, which imposed discretionary spending caps for a decade.
In 1998, a Republican-controlled House approved articles of impeachment against President Bill Clinton during a lame-duck session. In 1974, Congress approved the nomination of Nelson Rockefeller as Vice President during a lame-duck session. In 2020, the Senate confirmed six district court nominees and one nominee to the Court of International Trade during a lame-duck session.
Lame-duck sessions can also be used to pass important laws that may have been delayed during the election year. For example, in 1980, the lame-duck Congress passed budget resolutions that had been delayed during the election year. In 2002, Congress passed the Defense Authorization Act, the Intelligence Authorization Act, and measures regulating terrorism insurance and seaport security during a lame-duck session.
Additionally, controversial laws can be passed by attaching them to "must-pass" bills. For example, a package of public land bills could become law if attached to a "must-pass" bill such as the National Defense Authorization Act or a supplemental funding bill.
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Frequently asked questions
A lame-duck session happens when Congress meets after an election, when outgoing members still have voting powers to approve laws.
A lame-duck session can last from mid-November to the Christmas period in election years, but it can extend to January 2nd of the following year.
The Consolidated Appropriations Act, 2021, the Presidential Threat Protection Act, the Striped Bass Conservation Act, the Intelligence Authorization Act, the Don't Ask, Don't Tell Repeal Act of 2010, and the American Taxpayer Relief Act of 2012, among others.
Fiscal issues are likely to be a major focus, including an omnibus spending bill and deciding whether to deal with the debt limit.
Yes, a lame-duck Congress can pass laws and get things done.
