Cecily Zamora
In politics, a lame-duck refers to an outgoing politician who is nearing the end of their term and has lost an election or decided not to seek re-election. The term is commonly used in the context of U.S. politics, specifically referring to the period between the November elections and the inauguration of the new president in January. During this lame-duck period, the outgoing president retains their powers, including the ability to issue executive orders and make appointments. While there are no constitutional limits on the outgoing president's power, there is a risk that they may make destructive decisions or take advantage of their relative lack of accountability. This period provides an opportunity for the outgoing president to complete unfinished business or address urgent issues before the new administration takes office.
| Characteristics | Values |
|---|---|
| Lame duck period | The period between (presidential and congressional) elections in November and the inauguration of officials early in the following year |
| Lame duck session | A session of Congress that takes place after a November election and before the first day of the new Congress's term |
| Origin of the term | Used in the 18th century at the London Stock Exchange to refer to a stockbroker who defaulted on his debts |
| First use in politics | 1830s |
| First use for a U.S. president | 1926 |
| Twentieth Amendment | Moved the inauguration date of the new president-elect from March 4 to January 20 |
| Power of a lame-duck president | Ability to take advantage of the relative lack of accountability as they will soon be leaving office |
| Ability to employ clemency powers |
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What You'll Learn
- The US lame-duck period is longer than in other Western democracies
- Lame-duck presidents can issue unpopular decisions, appointments, and executive orders
- A president in their second term is arguably not a lame duck
- The 20th Amendment shortened the lame-duck period
- Lame-duck presidents can employ their clemency powers
The US lame-duck period is longer than in other Western democracies
The lame-duck period in the US is indeed longer than in other Western democracies, where the transition tends to take place over just a few days. In the US, there is a 2.5-month period between Election Day in November and Inauguration Day in late January the following year, during which the outgoing president is still in power but their successor has already been chosen. This extended period is unique to American politics and can be attributed to historical and structural factors.
Historically, limited communication and travel technology in the 18th and 19th centuries meant that it took a significant amount of time for election results to become clear and for victorious candidates to travel to the nation's capital. For instance, George Washington was elected on January 7, 1789, but was not inaugurated until April 30, 1789, due to travel delays. The original inauguration date was also set for March 4, further prolonging the lame-duck period. The 20th Amendment, ratified in 1933, shortened this period by changing the start of congressional sessions to January 3 and moving up the presidential inauguration to January 20.
Structurally, the US system differs from parliamentary systems in other Western democracies. In a parliamentary system, the opposition party has a "shadow cabinet" that can quickly assume power if they win the election. In contrast, the US president must build an administration from scratch, appointing approximately 4,000 positions, including the heads of executive departments and cabinet-level officials. This process takes time and contributes to the length of the lame-duck period.
The long lame-duck period in the US has been a source of concern as it can be a time of uncertainty and potential danger. During this time, the outgoing president may have reduced accountability and a greater freedom to make controversial decisions or appointments. There are no constitutional limits on the outgoing president's power during this period, and they can issue pardons, make federal appointments, and even take advantage of the lack of repercussions from upcoming elections.
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Lame-duck presidents can issue unpopular decisions, appointments, and executive orders
In US politics, the period between a presidential election in November and the inauguration of a new president in the following year is often referred to as the "lame-duck period". During this time, the outgoing president is considered a lame duck, and they are not bound by the same accountability as they will soon be leaving office. This means that, theoretically, they are free to issue unpopular decisions, appointments, and executive orders.
Lame-duck presidents may take advantage of this period to employ their clemency powers, as was the case with Bill Clinton, who issued 140 pardons and 36 commutations on his last day in office. Donald Trump also pardoned 74 people and commuted 70 sentences on the last day of his first term.
The lame-duck period can also be a source of danger, as outgoing presidents may have greater freedom to issue unpopular or destructive decisions. For example, President Benjamin Harrison did little to address the economic panic and country-wide crash of 1893 during his final months in office. Similarly, James Buchanan's inaction during his lame-duck period allowed the secessionist crisis to escalate, ultimately leading to the Civil War.
Another example of a lame-duck president's actions is John Adams, who, after losing the presidency and Congress to Thomas Jefferson, appointed 16 new federal judgeships and confirmed Federalists to key positions. Adams' actions highlight the potential for a motivated lame-duck president to exert significant influence during this transitional period.
The 20th Amendment, ratified in 1933, aimed to shorten the lame-duck period by moving the inauguration date of the new president from March 4 to January 20. This amendment reduced the time available for outgoing presidents to make significant decisions or appointments. However, despite this amendment, lame-duck sessions continue to occur, and the potential for unpopular or controversial actions by lame-duck presidents remains.
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A president in their second term is arguably not a lame duck
In US politics, the period between a presidential election in November and the inauguration of a new president early in the following year is known as the "lame-duck period". During this time, the outgoing president is considered a lame duck, and the transition of power to the president-elect usually takes place.
While a president in their second term is sometimes viewed as a lame duck due to term limits preventing them from seeking re-election, it can be argued that they are not lame ducks at all. This is because, without the pressure of facing the electorate again, a second-term president has more freedom to make unpopular decisions and take actions that may be detrimental to their party's performance in future elections. They arguably have more power than in their first term.
For example, in his second term, Barack Obama joked in a farewell speech in January 2017, "You can tell that I'm a lame duck because nobody's following my instructions," referring to the cheering and applause from the crowd that interrupted his speech. This example illustrates the notion that a second-term president may have more influence and leeway to act without the constraints of seeking re-election.
Additionally, lame-duck presidents have been known to aggressively employ their clemency powers during this period. For instance, Bill Clinton issued 140 pardons and 36 commutations on his last day in office, including a controversial pardon for billionaire Marc Rich, convicted of tax fraud. Similarly, Donald Trump pardoned 74 people and commuted 70 sentences at the end of his first term, including his former strategist Steve Bannon, who faced fraud and money laundering charges.
In conclusion, while the term "lame duck" is often associated with outgoing presidents, a second-term president may not fit this description due to their enhanced freedom to act without electoral repercussions. Their actions can still significantly impact their party's future success, and they arguably possess more power than in their first term.
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The 20th Amendment shortened the lame-duck period
The 20th Amendment to the US Constitution, ratified in 1933, was designed to reduce the chances of lame-duck legislators casting votes after losing an election or choosing not to run for re-election. The Amendment moved the beginning of a new Congress to January 3rd and the inauguration of the president to January 20th, thus shortening the lame-duck period.
The term "lame duck" refers to politicians who continue in office after being defeated or choosing not to run for re-election. In the context of US politics, the lame-duck period is the time between the November elections and the inauguration of officials early in the following year. During this period, the outgoing president is considered a lame duck, as they are serving out the remainder of their term before the president-elect takes office.
The 20th Amendment was proposed by Senator George W. Norris of Nebraska, who earned a reputation as a progressive reformer. Norris first proposed the Amendment in 1922, but it did not pass until 1932, after five successive Congresses. The Amendment was designed to address the issue of the long delay between elections and the taking of office by the new administration. This delay was seen as problematic because it resulted in lame-duck lawmakers serving for an extended period, during which they were perceived to be less effective and less likely to support each other's initiatives.
By moving up the start of the new Congress and the presidential inauguration, the 20th Amendment significantly shortened the lame-duck period. This change ensured that the outgoing president had time to consider the outgoing Congress's legislation before passing the government to the new administration. The Amendment also provided for the vice president-elect to become president if the president-elect died before taking the oath of office.
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Lame-duck presidents can employ their clemency powers
In US politics, the period between the presidential and congressional elections in November and the inauguration of officials early in the following year is commonly referred to as the "lame-duck period". A president becomes a lame duck after a successor has been elected, and during this time, the outgoing president and president-elect usually work together to ensure a peaceful transfer of power.
Lame-duck presidents have greater freedom to issue unpopular decisions or appointments, as they do not face the consequences of their actions in an upcoming election. They can take advantage of their relative lack of accountability, as they will soon be leaving office. However, their actions can still impact their political party's performance in the midterm elections and the success of the party's nominee in the next presidential election.
While there are no constitutional limits on the outgoing president's power, there is a worry that a lame-duck president may make lasting, destructive decisions. It is argued that the courts, Congress, and, in some cases, the military or the masses, have a right and a duty to intervene if a president takes radical lame-duck actions.
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Frequently asked questions
A lame-duck president is a president serving their final months in office. The term "lame duck" refers to a duck that is unable to keep up with the rest of its flock, making it a target for predators.
Technically, a lame-duck president can still pass laws, as they remain in power until the end of their term. However, there are no constitutional limits on the outgoing president's power, and they have greater freedom to issue unpopular decisions or appointments.
Lame-duck presidents may take advantage of their lack of accountability by issuing unpopular decisions or appointments, such as granting clemency or making recess appointments. They can also fill vacancies automatically without congressional approval.
The lame-duck period in the US is the time between the November elections and the inauguration of officials early in the following year, usually in January. The 20th Amendment shortened this period by moving the inauguration date to January 20th.
