Polls show that most Democrats and Republicans alike worry about the future of our democracy — though they disagree over what threatens it. But this debate misses a more immediate danger: lame-duck lawmakers still making decisions while in office. The current Democrat-controlled lame-duck session alone is expected to address legislation involving such major issues as gay marriage and defense spending.
Lame-duck sessions happen when lawmakers return to Congress after an election and pass legislation before their replacements are sworn into office. Concerns about the practice’s democratic legitimacy prompted the ratification of the 20th Amendment to the Constitution, which moved Congress’s official start date from March 4 to January 3. It became known as the “lame-duck amendment” at the time because of the widespread belief that it would end lame-duck sessions.
Lawmakers were originally sworn in months after Election Day to allow adequate time to travel during the winter to the nation’s capital. But with the rise of planes, trains and automobiles, four months between Election Day and inauguration were no longer necessary. The public also became concerned with a new problem: legislators increasingly using the interlude to pass unpopular proposals during a period of lower accountability.
[I’m reminded of the old warning: “No man’s life, liberty, or property are safe while the legislature is in session.” (Gideon Tucker) It’s even more the case when accountability is removed. — Ed]
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