4.589/25. hrg. 98-1159 S. HRG. 98-1159 COMMENCEMENT OF TERMS OF OFFICE OF THE HEARING BEFORE THE SUBCOMMITTEE ON THE CONSTITUTION OF THE COMMITTEE ON THE JUDICIARY NINETY-EIGHTH CONGRESS SECOND SESSION ON S.J. Res. 71 A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES RELATIVE TO THE COMMENCEMENT OF THE TERMS OF OFFICE OF THE PRESIDENT, VICE PRESIDENT, AND MEMBERS OF CONGRESS APRIL 24, 1984 Serial No. J-98-113 Printed for the use of the Committee on the Judiciary CONTENTS STATEMENTS OF COMMITTEE MEMBERS Page 1 Thurmond, Hon. Strom, a U.S. Senator from the State of South Carolina, chairman, Committee on the Judiciary Grassley, Hon. Charles E., a U.S. Senator from the State of Iowa. PROPOSED LEGISLATION S.J. Res. 71, a joint resolution proposing an amendment to the Constitution of the United States relative to the commencement of the terms of office of CHRONOLOGICAL LIST OF WITNESSES Pell, Hon. Claiborne, a U.S. Senator from the State of Rhode Island, and Hon. Charles McC. Mathias, Jr., a U.S. Senator from the State of Maryland. Scott, Hon. Hugh, a former U.S. Senator from the State of Pennsylvania.. Macy, John W., Jr., National Executive Service Corps, and Harrison Wellford, David, Paul T., professor emeritus, University of Virginia; Stephen J. Wayne, professor of political science and public affairs, George Washington Univer- sity; and Norman J. Ornstein, visiting scholar, American Enterprise Insti- "After the People Vote, Steps in Choosing the President," edited by Walter Berns, published by the American Enterprise Institute for "'Lame Duck' Sessions of Congress from 1933 through 1980," by Richard "Time Span Between Election or Selection of an Official and the Subse- quent Taking of Office in Various Foreign Countries," summary pre- 83 ADDITIONAL SUBMISSIONS FOR THE RECORD "Shortening the Interregnum," by Arthur Schlesinger, Jr., April 19, 1984.. "The Carter-Reagan Transition: Hitting the Ground Running," by James P. Pfiffner, associate professor of political science, California State University, Fullerton; from the Presidential Studies Quarterly, vol. 13, fall 1983 "What's Wrong With Transitions," by Lincoln P. Bloomfield; from Foreign Letter to Hon. Orrin Hatch, chairman, Subcommittee on the Constitution, from Jack H. Brier, president, National Association of Secretaries of State, COMMENCEMENT OF TERMS OF OFFICE OF THE PRESIDENT AND MEMBERS OF CONGRESS TUESDAY, APRIL 24, 1984 U.S. SENATE, SUBCOMMITTEE ON THE CONSTITUTION, Washington, DC. The committee met, pursuant to call, at 10:04 a.m., in room SD226 of the Dirksen Senate Office Building, Hon. Orrin G. Hatch (chairman of the subcommittee), presiding. Present: Senators Thurmond and Grassley. Staff present: Dick Bowman (full committee); Stephen J. Markman, chief counsel and staff director; Dee V. Benson, special counsel; Carol Epps, chief clerk; Marianne Hansen, clerk; and Bob Feidler, minority chief counsel (Subcommittee on the Constitution). OPENING STATEMENT OF HON. ORRIN G. HATCH, A U.S. SENATOR FROM THE STATE OF UTAH, CHAIRMAN, SUBCOMMITTEE ON THE CONSTITUTION Senator HATCH. As chairman of the Senate Judiciary Committee's Subcommittee on the Constitution, it is my pleasure to call this hearing to order. We are here today to consider and discuss Senate Joint Resolution 71, a proposed amendment to the U.S. Constitution. This constitutional amendment calls for the term of office of the President of the United States to commence on November 20 in the year of election, rather than January 20 as at present; and for the terms of office of Members of Congress to commence on November 15 in the year of election, rather than January 3, as is presently the case. This joint resolution is sponsored by Senator Claiborne Pell and Senator Charles Mathias. Proponents of the measure suggest that, just as the 20th amendment was necessary in 1932 to move Inauguration Day from midMarch to January 20, a similar expedited change is needed today. There is no justification, it is argued, for the 8-week hiatus between election day and Inauguration Day in our modern technological world. It is said the present lameduck terms of office in both the Presidency and Congress are not only wasteful and inefficient but also potentially dangerous. The leaders of other nations are reluctant to deal with a lameduck President. The Iranian hostage situation that existed during the transition from President Carter to President Reagan is cited as an example of such reluctance. It is also argued that there is no good reason for a lameduck President (1) |