TDIH: Twentieth Amendment

The amendment, while simple, offers a lesson for modern Americans.

On this day in 1933, the 20th Amendment to the United States Constitution is ratified, changing the dates on which a new Congress and President enter office.

Did you know that presidential and congressional terms used to begin on March 4? The 20th Amendment changed this date to January 20 for a new President and January 3 for a new Congress.

The change, while simple, offers a lesson for modern Americans . . . but a little background is in order first.

For starters, the March date wasn’t initially a matter of constitutional law. To the contrary, it was mostly happenstance, a creation of the Confederation Congress, the body that was governing the colonies when the American Revolution came to an end.

After the war, a new Constitution was drafted and ratified, as you know. But how was power to be transferred from the Confederation Congress to the new U.S. government? The Confederation Congress set a timetable, deciding that “the first wednesday in march next” was the date on which the first United States Congress would convene.

That first Wednesday just happened to be March 4, 1789.

Washington's inauguration at Philadelphia (March 4, 1793), by Jean Leon Gerome Ferris

Afterwards, the new U.S. Congress had the task of setting a more permanent calendar, and it approved legislation keeping the March 4 start date for new presidential and congressional terms.

The first three presidential elections ran smoothly, but the fourth election went wonky. The 1800 election stunned everyone when it accidentally ended in a tie because electors could not distinguish between their votes for President and Vice President. The Twelfth Amendment was adopted afterwards, fixing that situation. As it did so, however, it offhandedly included a reference to the March 4 transition of power.

The March 4 date, once mere happenstance, was now a matter of constitutional law.

The date made sense in that day and age: Transportation and communication were slow. Newly elected congressional representatives would have trouble traveling to Washington, D.C. in winter. Congressmen in the early 1800s couldn’t foresee the technological advances that characterize modern America.

Americans soon had another reason for moving the presidential inauguration date from March to January: Long periods with a “Lame Duck” President and Congress proved unhelpful.

These concerns ultimately brought about the 20th Amendment.

A few important lessons can be gleaned from these events. First: Yes, history shows that modern improvements can occasionally affect the usefulness of constitutional provisions. When such a need occurs, there is a formal amendment process to handle that need.

That formal process is what was always expected, but it’s different than what some argue for today: They argue that interpretations of the Constitution should change as our world changes. They say the Constitution is “living.” They argue that any other perspective on constitutional interpretation is somehow unfair or flawed.

Too many Americans believe that’s what the Founders intended—but it’s not.

Consider that, if the Constitution really is that malleable, then we are no longer self-governing. Instead, we are subject to the whims of judges who decide when the world has or hasn’t changed enough to tweak the meaning of a constitutional provision.

The Founders shunned this latter process. Instead, they created a formal constitutional amendment process, enabling “We the People” to implement change when needed—but also ensuring that nothing less would do. Judges’ subjective opinions do not rule the day.

Today, then, isn’t just the anniversary of an amendment. It’s a day to remember how a self-governing people stay self-governing.

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