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The Commoner
. VOL, 21, :NO. 1
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Change of Presidential Term
(Dolow Is an oxtract from the Congressional
flocord of Doc, 23, 1920, containing a report of,
tho resolution introduced by Senator Ashurst of
Arizona proposing an amendment to the Consti
tution changing the dates of presidential in
augurations and tho convening of congress.
Ed.)
Mr. Ashurst. I introduce a joint resolution,
which I ask may bo read at length, and after it
is road I should like to take about three minutes
o make a brief explanation of it.
Tho joint resolution (S. J. Res. 228) proposing
jan amendment to tho Constitution of tho United
States wan read tho first time by its title and
tho second time at length, as follows:
. -. Resolved by tho Senate and House of Repre
sentatives of the United States of America in
congress assombled (two-thirds of each' House
concurring therein), That tho following amend
mont to tho Constitution bo, and hereby is, pro
posed to tho Statos, to become valid as a part
of the Constitution when ratified by the legis
latures of tho sovoral States as provided by tho
Constitution:
"Section 1. Tho terms of tho President and
Vice President of the Unied States shall com
ijionce on tho third Monday in January following
tho olection of presidential and vice presidential
oloctors.
"Sod. 2. Tho presidential and vice presidential
oloctors, composing the Electoral College, shall
assemble in tho States by which they are ap
pointed and cast their votes for President and
Vice President on the second Monday of Decem
ber following their appointment, and tho vote
so cast, duly certified, shall be filed with the
President of the Senate before the first Monday
in January next thereafter, and the congress
Bhall meet in joint session on the second Monday
In January following and open and count tho
same: Provided, That congress may alter all tho
dates fixed in this section, in its discretion.
"Soc. 3. The terms of Senators and Represent
atives shall commence on the first Monday in
January following their election. ,
"Sec. 4. There shall be held two regulai
cessions of congress, convening on tho first Mon
day of January each year.
"Sec. 5. This amendment shall not take ef
fect until after tho 4th day of March of the yeai
1 J A ),
. Mr. Ashurst. Mr; President, no other country
permits so long a"timo to elapse between an elec
tion and the installation of the new servants as
does the United States In a Democratic republic
as soon as possible the will cf the people as ex
pressed at the polls should be carried into effect.
Under the present system four jnonths elapse
beforo the new congress and the new president
are inaugurated.
My proposed amendment to the Constitution
simply provides that the electors chosen in No
"" vembor and composing the Electoral College
shall meet in their respective States on the sec
ond Monday in December and there cast their
votes; that the new congress elected in the previ
ous November shall meet on' the first Monday
In January; that the messengers shall bring the
returns from tho various States to the President
of the Senate and file them before the first Mon
day in January the new congress, s'tting in joint
, session, shall canvass the electoral vote and de
clare the result; and that on tho third Monday
in January the President and Vice President
shall be inaugurated.
In most of the States the governor is inaugu
rated jn January; the now legislature meets in
January. Moreover, under tho present system a
repudiated House of Representatives would have
tho power in certain cases to choose a President
This should be changed.
This is not a new subject. I am not entitled
to any credit for novelty of. ideas respecting the
. same. I have simply reintroduced a joint res
olution which was reported from the Judiciary
Committee in 1914. This joint resolution was
before the Senate Committee on tho Judiciary
and was discussed for months. A comprehen-
, slvo statement favoring the resolution was pre
pared in February, 1914, signed by tho following
members -of the Committee on the Judiciary
Senators John K .Shields, Knute Nelson, now the
chairman of the Judiciary Committee. Albert c!
Cummins W. E. Chilton, Duncan y. Fletcher
and one Henry F, Ashurst. . , "er,
This, therefore. Is tint n nw w., t.t 't.
imve suddenly presented to the country and' the
Senate. I ask unanimous consent that at this
time I may include In the Record, as a part of
my remarks, the views which those membersof -tho
Committee on the Judiciary, held on this
subject in 1914.
The Presiding Officer. Without objection, it
is so ordered.
Tho report referred to is as follows:
(Senate report 212, part 2, Sixty-third Con
gress, second session.)
The minority recommends that the resolution,
omitting formal parts, be amended so as to read
as follows:
' Article XVIII.
SECTION 1. The terms of the President and
Vice President of tho United States shall com-. .
mence on the third Monday In January following
"llio election of presidential and vice presidential
electors.
SEC. 2. The presidential and vice presidential
electors, composing the Electoral College, shall
assemble in the States by which they are ap
pointed and cast their votes for President and
V.ce President on the second Monday in Decem
ber following their appointment, and the vote
cast, duly certified, shall bo filed with the Presi
dent of the Senate before the first Monday in,
January next thereafter, and the Congress shall
meet in joint session on the second Monday in
January following and open and count the same:
Provided, That Congress may alter all the dates
fixed in this section, in its discretion.
SEC. 3. The terms of Senators and Represent
atives shall commence on the first Monday in
January following their election.
SEC. 4 There shall be held, two regular ses
sions of Congress, convening on tho first Mon
day of January each year.
SEC. 5. The terms of said officers who may
be in office at the time of the adoption of this
amendment are hereby changed to confopm here
with. The amendments of the resolution recom
m 3nded are the substitution, in the first section,
of the "third" Monday instoad of the "second"
Monday in January for the commencement of the
terms pf the President and Vice President; the
substitution of the "second" Monday for the
"first" Monday in December for the meeting ot
electors for President and Vice President; and
provisions that the vote shall be filed with the
President of the Senate bel :. i the first Monday
in January, tnd that CQngress shall meet on the
sec6nd Monday thereafter and open. and. count -the
ote, and authorizing Congress to change
these dates; and the addition of section 4, pro
viCing for a change in the terms of Vue presi
dent and Vivo President and Senators and Rep
resentatives in office when, the constitutional
amendment is adopted and becomes effective, so
that they will expire with t e commencment of
the terms of the'r successors, under the proposed
amendment to the Constitution. '
The Constitution, Article. II, section 1, ordains
that the President and Vice President shall hold
office for the term of four years, but does not
provide when the terms shall commence. The
only recognition of the 4th of March succeeding
tho day of a presidential election as the day of
the commencement of the terms of the President
and Vice President Is the provision in the
.twelfth amendment to the Constitution, effective
September 25, 1904, that
if the House of Representatives shall not choose
a President whenever the right of choice shall
devolve upon them, before the 4th day of March
next following, then the Vice President shall
act as President, as in the case of the death or
other constitutional disability of the President.
This would probably be construed to be a
provision that the term of the President expired
on the 4th of March after a presidential election
-r-that a vacancy then exists in which event the
then Vice President succeeded to the office.
The time when the presidential electors should
be elected,, and the date on which they shall
meet and give their vote is, by Article II, section
1, of the Constitution, left to the discretion of
Congress, with the restriction that the day of
voting shaH be the same throughout the United
States. An act was passed February 3 1,887
requiring them to meet and give their vote on
the second Monday in January next after their
appointment, in such pjace in each State as the
legislature thereof shall direct; with .vote duly
certified, to be delivered to the President of the
Senate before the first Wednesday in February
and be canvassed, hy Congress, in joint" session,
on the second Wednesday, in February there
after. The Constitution, while providing that Rep
resentatives shall hold their offices for two years
(Art. I, sec. 2) and Senators for six years (Art.
I, sec. 3), does not provide when the -terms shall
commence.
The commencement of the terms of the first
President and Vice President, and of the Sen
ators and Representatives composing tho first
Congress,, was fixed by a resolution of Congress
adopted September 13, 1788, providing Mthat the
first Wednesday in March next (which happened
to be the 4th day of March) be the time for
commenc hg proceedings under the Constitu
tion." Congress has provided (act of Mar. 1, 1792,
Rev. Stat., sec. 152) that tho terms of the Presi
dent and Vice. President shall commence on tho
4th dav of March nxt aunfrpAriinfr fhd rfnv
" w --0 w vv,7 jix
which the votes of the electors have been given,
but there seems to be no statute enadted since
the adoption of the Constitution fixing the com
mencement of the terms of Senators attd Repre
sentatives. The Constitution is proposed to. he amended
by the resolution as follows : "
1. The terms of the President. and Vice Presi
dent, by the Jirst section,, are made to com
mence on the third Monday in January instead
of the 4th day of March succeeding the election
of electors.
2. The electors are required, by the second
section, to meet and cast. their. vote on, the sec
ond Monday in December succeeding their ap
pointment; the vote to be filed with the Presi
dent, of the Senate before the ilrst Monday in
January thereafter, and the Congress to-.meet, in
joint session, to open and count the same on the
second Monday in January succeeding.'. The Con
gress, however, is authorized to. change these
dates. r.
The provisions of this section are entirely new,
the present Constitution having left these mat
ters entirely, to the discretidn of Congress, are
for the purpose of preventing confusion in put
ting the first section into effect,
3. The terms of Senators and Representatives
are, by the third section, made to commence on
the first Monday in January f olldwing their elec
tion. This provision is new, and although there is
no provision in the present Constitution fixing
when the terms of Senators and Representatives
shall commence, yet those providing that their
,. terms shall be six and two years entitle those
now in office and hereafter to be elected, to hold
for two years after the 4th of March succeeding
their election, the day when t,he first Senators
and Representatives were qualified under the
Constitution, and their terms can not be changed
without a constitutional provision.
4. The fourth section merely changes the
second paragraph of section 4 of Article I of the
Constitution, in effect, so as to proVidelhat Con
gress shall meet each year, commencing on the
2nv MT?day J Januarv stead of the first Mon
aay in December.
n J', Th provisions section 5 are temporary,
thl mIU.6 ,purpoJa. merely of puttinS into effect
S E at1erIa Prvisions of shortening the terms
tor andrpinent and Vic President? and Sena
tors and Representatives, to the extent of tho
tlonfoSr tbhBtWeen the dat3 teed ra
tion for the commencement ot the termaot these
:eahta' ana the "th &-
the election of its Members. There was some
reason for such a provision at the time of the
formation of our Government, as "it then took
a long time to ascertain the results of Sections
and to reach the Capitol from remote parts of
the. country. But there Is no excuse whatever
nov, since the most Ctotant-State of th . UnToh
are within a few days' travel of Washington City!
Senators heretofore have heeh elected bv the
the legislatures. of the States in January and
sometimes not until February or March ' But
ent to thJ a5ft th? sevellteh amenS-
to be eVctod hv tUfcl0U';y hich Senators aro
vemher elPoHnn V601 Poftably at the No
vember election, it becomes very onnortiirie for
coveXVofCO?ne to-J"ry Uowln t
ffimbnf nl f onKB(8 the first -Monday of
ftSnmenf ferP 86n4 !? Vy JDPortnn as.
S ?a?fi ,'the Christmas .holidays, is al
ways taken and many Members go to their
t ,
in' vmmtfumyutibwi,,, ,., ,,.,
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