Presidential Terms

Discussing the odd power in Section 4 of the Twentieth Amendment to provide substitute candidates for dead candidates. Arguing that the Section makes clear that the proper mechanism for resolving any disputes arising under this section is legislation. Examining the background behind Section 4 and how Congress proactively responded to a purely hypothetical problem.

Arguing that, at the time of the Founding, the office of the Vice President was an afterthought of the Constitutional Convention. Providing context about how the vice presidency was viewed between 1787 and 1804.

Arguing that the history of the vice presidency offers an example of how constitutional institutions change in ways different from the way originalists suggest they should. Contending that the constitutional character of the Vice President’s Office has been transformed from the Founders’ original intentions and expectations. Describing the vice presidency as originally conceived and the subsequent constitutional changes that transformed it.

Discusses the Twentieth Amendment’s text, legislative history, and original meaning as expressed by its sponsors. Evaluating the challenges to lame-duck lawmaking to conclude that the Twentieth Amendment does not bar it.

Analyzing arguments that lame-duck lawmaking is, or should be, impermissible. Arguing that the Framers of the Twentieth Amendment also had concerns but that they sought to prevent Congress from doing anything during a lame-duck session. Tracing the history and context underlying the ratification of the Twentieth Amendment from the Founding.

Arguing that the constitutional provisions concerning presidential succession do not cover all possible contingencies. Arguing that the Twentieth Amendment’s spirit is best followed by understanding its words “President elect” to mean the person designated by the people as de facto President elect (rather than waiting for the electoral college vote).

Arguing that the Court’s decision in Seminole Tribe v. Florida, though an Eleventh Amendment case, could breathe new life into the interpretation of the Twentieth Amendment. Analyzing primary resources from the time of ratification to conclude that the purpose of the Amendment was to abolish lame-duck sessions of Congress.