# Why add this clause to the 20th ammendment?

**URL:** <https://boards.straightdope.com/t/why-add-this-clause-to-the-20th-ammendment/617045>\
**Category:** Factual Questions\
**Created:** [March 28, 2012, 3:38pm UTC](https://boards.straightdope.com/t/why-add-this-clause-to-the-20th-ammendment/617045 "2012-03-28T15:38:25Z")\
**Posts on this page:** 5\
**Page:** 1

<div class="post-metadata">

**Author:** ![Zyanthia](https://avatars.discourse-cdn.com/v4/letter/z/d6d6ee/32.png) [@Zyanthia](https://boards.straightdope.com/u/Zyanthia)\
**Post date:** [March 28, 2012, 3:38pm UTC](https://boards.straightdope.com/t/why-add-this-clause-to-the-20th-ammendment/617045/1 "2012-03-28T15:38:25Z")

</div>

Original Constitution

> [@](#):
>
> The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.

Amendment XX, 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.

Why? They didn’t need an amendment. The constitution already allowed a provision for them to make a law changing the day the meet. Was it some sort of compromise to get the 20th amendment passed?

---

<div class="post-metadata">

**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\
**Post date:** [March 28, 2012, 3:42pm UTC](https://boards.straightdope.com/t/why-add-this-clause-to-the-20th-ammendment/617045/2 "2012-03-28T15:42:58Z")

</div>

Maybe because the amendment specifies the time of day, whereas the original only specified the day. Just a guess, though.

---

<div class="post-metadata">

**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\
**Post date:** [March 28, 2012, 3:48pm UTC](https://boards.straightdope.com/t/why-add-this-clause-to-the-20th-ammendment/617045/3 "2012-03-28T15:48:33Z")

</div>

My guess is that it’s to prevent requiring lame duck sessions. New Congress probably starts January 1.

---

<div class="post-metadata">

**Author:** ![Freddy\_the\_Pig](https://avatars.discourse-cdn.com/v4/letter/f/a587f6/32.png) [@Freddy\_the\_Pig](https://boards.straightdope.com/u/Freddy_the_Pig)\
**Post date:** [March 28, 2012, 3:55pm UTC](https://boards.straightdope.com/t/why-add-this-clause-to-the-20th-ammendment/617045/4 "2012-03-28T15:55:12Z")

</div>

It changes the _default_, in case they don’t pass a law. Sometimes laws don’t get passed because of inertia, or deadlock, or just because, and you want a sensible default as a backstop.

The previous default of “first Monday in December” was klutzy enough under the old system, when terms ran March 4 through March 4. It would have been _totally_ klutzy under the new (post-XX amendment) system, when terms ran January 3 through January 3. Nobody wants a klutzy default.

---

<div class="post-metadata">

**Author:** ![Zyanthia](https://avatars.discourse-cdn.com/v4/letter/z/d6d6ee/32.png) [@Zyanthia](https://boards.straightdope.com/u/Zyanthia)\
**Post date:** [March 28, 2012, 5:16pm UTC](https://boards.straightdope.com/t/why-add-this-clause-to-the-20th-ammendment/617045/5 "2012-03-28T17:16:04Z")

</div>

That makes sense. Thank you 🙂