Lame Duck Session and current Legislation
August 4th 2010 08:28
Election Day is soon upon us just 90 days away (Tuesday, November 2, 2010); we could see a lame duck session of Congress. What exactly is a lame duck session of congress and what is its impact on you and me? A lame duck session of the House and the Senate can happen in even numbered years after an election when Congress reconvenes and members are voted out or have retired and new people will take their places. Pennsylvania regardless of either a Sestak or Toomey win it will be a new member of the Senate since Arlen Spector did not win his bid for re-election. Jim Bunning of Kentucky has decided to retire. After the election in November both Representative Spector and Bunning will return to finish out their terms but be virtually in effective as in January they will not be members of Congress any longer. They become "lame duck" members participating in a "lame duck" session.
The chance of lame duck sessions of Congress started back in1935. In 1933 the 20th Amendment to the Constitution was ratified. The 20th amendment creates a starting dates for sessions of Congress as well as addresses things like the death of the President.
The exact wording of the 20th amendment is;
Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
So under this law any meeting of Congress between Election Day in an even-numbered year such as this one being 2010 and the following January 3, 2011 is considered a lame duck session.
Currently there is a resolve on the floor stating that Congress should not convene after November 2, 2010 until January 3, 2011 if there is a shift in power and Congress is going to be considered a “Lame Duck”
Here is are of the final pages of the resolve;
Resolved, That the House of Representatives—
(1) reaffirms the principle expressed in the Declaration of Independence that governments ‘ [derive] their just powers from the consent of the governed’’;
(2) recognizes the fundamental importance of trust existing between the American people and their elected officials;
(3) confirms that adhering to the will of the people is imperative to upholding public trust;
(4) states that the American people deserve to know where their current elected officials stand on key legislative issues before Election Day;
(5) states that delaying controversial, unpopular votes until after the election gives false impressions to voters and deliberately hides the true intentions of the majority, while denying voters the ability to make fully informed choices on Election Day; and
(6) pledges not to assemble on or between the dates of November 2, 2010 and January 3, 2011,
(1) except in the case of an unforeseen, sudden emergency requiring immediate action from Congress.
This is a very interesting piece of legislation. I encourage you to please take the time to read it.
Now I have several thoughts. Do I really want these people to get paid for doing nothing for two months or should I be relieve that they are possibly taking a couple of months off and not spending feverishly that which take me hours and hours of hard work to make? Those are two choices that I am not ready to voice an opinion about. How about you?
References
Really Long Link
The United States Constitution
Really Long Link
The exact wording of the 20th amendment is;
Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
Section 2. The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.
So under this law any meeting of Congress between Election Day in an even-numbered year such as this one being 2010 and the following January 3, 2011 is considered a lame duck session.
Here is are of the final pages of the resolve;
Resolved, That the House of Representatives—
(1) reaffirms the principle expressed in the Declaration of Independence that governments ‘ [derive] their just powers from the consent of the governed’’;
(2) recognizes the fundamental importance of trust existing between the American people and their elected officials;
(3) confirms that adhering to the will of the people is imperative to upholding public trust;
(4) states that the American people deserve to know where their current elected officials stand on key legislative issues before Election Day;
(5) states that delaying controversial, unpopular votes until after the election gives false impressions to voters and deliberately hides the true intentions of the majority, while denying voters the ability to make fully informed choices on Election Day; and
(6) pledges not to assemble on or between the dates of November 2, 2010 and January 3, 2011,
(1) except in the case of an unforeseen, sudden emergency requiring immediate action from Congress.
This is a very interesting piece of legislation. I encourage you to please take the time to read it.
Now I have several thoughts. Do I really want these people to get paid for doing nothing for two months or should I be relieve that they are possibly taking a couple of months off and not spending feverishly that which take me hours and hours of hard work to make? Those are two choices that I am not ready to voice an opinion about. How about you?
References
Really Long Link
The United States Constitution
Really Long Link
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