Five Facts: Lame-Duck Sessions
With Election Day behind us, Congress is now entering its “lame-duck” session, which will last from November 13 through January 2. This period includes 12 working days for House and Senate members. Despite its name, history has shown that productivity has varied greatly during the “lame-duck” session. And with Democrats gaining control of the House, it is likely that Republicans will try to pass legislation before their colleagues depart.
Here are five facts on the history of “lame-duck” sessions and what to expect during this one:
1. The 20th Amendment, which was ratified in 1933 and took effect in 1935, shortened the “lame-duck” period for outgoing members of Congress, according to the National Constitution Center. Section Two of this amendment outlines that “the Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3rd day of January, unless they shall by law appoint a different day.” Previously, Congress began on March 4 on odd-numbered years. This amendment ensured all recently elected lawmakers took office sooner.
2. According to a study from George Mason University, during a “lame-duck” session, members of Congress are slightly less likely to vote along party lines, and are certainly less likely to vote at all. The university’s research shows that during a “lame-duck” session House members are 46 percent more likely to miss a vote while senators are 27 percent more likely to miss a vote. And while 83 percent of House members and 80 percent of senators typically vote along party lines, this drops by an average of three percentage points during this period.
3. A 2014 Washington Post report found that “lame-duck” sessions were either incredibly productive with a huge number of votes or not productive at all with barely any progress made. The average number of votes cast during “lame-duck” sessions between 1972 and 2012 was approximately 40. For example, the “lame-duck” sessions during the 96th Congress (1978-1980) and 97th Congress (1980-1982) cast 137 and 173 votes, respectively. But every “lame-duck” session from the 98th Congress (1982-1984) to the 102nd Congress (1990-1992) cast no votes.
4. However, over the past century, Congress routinely took important action during “lame-duck” sessions. The National Constitution Center reports that Nelson Rockefeller was appointed vice president during the “lame-duck” session in 1974, budget resolutions were passed during the “lame-duck” session in 1980, the House approved articles of impeachment against Bill Clinton in the “lame-duck” session in 1998, and “Don’t Ask, Don’t Tell” was repealed in the “lame-duck” session in 2010.
5. This “lame-duck” session Republicans are looking to pass immigration reform before they lose control of the House come January. Other Republicans have stressed that this time should be used to repeal and replace Obamacare, and finalize the Farm Bill, which remains pending.
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