2017-02-03

On February 6 National Lame Duck Day recognizes the ratification of the 20th Amendment on February 6, 1933 to the United States Constitution, or the Lame Duck Amendment.
The term 'lame duck' originated as a description of stock brokers in 1700s England who could not pay off their debts. The term later carried over to businessmen who, while known to be bankrupt, would continue to do business.
The official record of the United States Congress of January 14, 1863 read, "In no event ... could [the Court of Claims] be justly obnoxious to the charge of being a receptacle of 'lame ducks' or broken down politicians." In politics a lame duck is a person currently holding a political office who has either: lost a re-election bid, chose not to seek another term, was prevented from running for re-election due to a term limit, or the office held has been eliminated.
Prior to the ratification of the 20th Amendment to the United States Constitution there was, for Congress a 13 month delay between election day and the day the newly elected officials took office. In the case of a lame duck, this was a 13 month notice his or her job was terminating, crippling his or her influence. Hence the lame or injured duck. The 20th Amendment shortened this period from 13 months to 2 months and changed the dates for the beginning of the new Congress to January 3 and when the newly elected president took office from March 4th to January 20th.
During a lame duck session, members of Congress are no longer accountable to their constituents. It is possible for their focus to switch to more personal gain instead of acting on behalf of their constituents with an eye toward re-election. Lame duck Congresses have declared war, impeached a president, censured a senator, and passed the Homeland Security Act among other actions. Lame duck Presidents have pardoned many criminals, issued executive orders, confiscated land to create national parks, declared areas to be newly opened or newly restricted from drilling for oil, created additional federal judges, executive clemency for family members, and more.

Jimmy Carter's administration published more than 10,000 pages of new rules between Election Day and Ronald Reagan's Inauguration Day. When President George W. Bush took office in 2001, his administration acted to block the implementation of 90 final rules that were issued in the final months of the Clinton administration, but that had not yet gone into effect.

Incidentally, unlike the United States Congress, there is no 'lame duck session of Parliament in most Commonwealth countries between the general election and swearing in of elected officials.

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