Lame Duck Sessions of Congress, 1935-2004 (74th-108th Congresses)

Publication Date: October 2006

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Government

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Abstract:

A "lame duck" session of Congress occurs whenever one Congress meets after its successor is elected, but before the successor's term begins. The expression is now used not only for a special session called after a sine die adjournment, but also for any portion of a regular session that falls after an election. In current practice, any meeting of Congress after election day, but before the following January 3, is a lame duck session. Prior to 1933, when the 20th Amendment changed the dates of the congressional term, the last regular session of Congress was always a lame duck session.

A lame duck session can occur in several ways. (1) In practice, Congress has usually provided for its existing session to resume after a recess spanning the election. (In 1954, only the Senate returned in this way, while the House adjourned sine die.) (2) In 1940, 1942, and 2002, Congress continued meeting, sometimes in pro forma sessions every third day, until well after the election. (3) Congress can reconvene after an election pursuant to contingent authority granted to the leadership in a recess or adjournment resolution (in 1998, the House alone followed this course). Two other possibilities have not been realized: (4) Congress could set a statutory date for a new session to convene after the election, then adjourn its existing session sine die. (5) While Congress is in recess or sine die adjournment, the President could call it into extraordinary session at a date after the election.

Congress held a total of 15 lame duck sessions from 1940 through 2004. Recesses preceding lame duck sessions have usually begun by mid-October, and typically lasted between one and two months. Congress typically reconvened in midNovember and adjourned before Christmas, so that the lame duck session lasted about a month. Some recesses, however, have begun as early as August 7 or as late as November 3, and ended as early as November 8 or as late as December 31. Lame duck sessions have ended as early as November 22 and as late as January 3, and have extended over as few as one, and as many as 145, calendar days.

Some lame duck sessions have been held largely for pro forma reasons (e.g., 1948), on a standby basis (e.g., 1940, 1942), or to deal with a single specific matter (e.g., 1954, 1998, 1994). Some sessions, as well, have deferred major matters to the succeeding Congress (e.g., 1944, 1982, 2004), especially when a stronger majority for the same party was in prospect. Most, however, could be regarded as at least moderately productive. When the President has presented an extensive agenda to a lame duck session controlled by his own party, it has often approved many of his recommendations (e.g., 1950, 2002, 2004), but when he has done so under conditions of divided government, he has had less success, and has often vetoed measures (e.g., 1970, 1974, 1982). Additionally, a major task of most lame duck sessions in recent years has been to complete action on appropriations and the budget. In 1974, 1980, 1982, 2000, and 2004, this effort was at least somewhat successful, but in 1970 and 2002 a final resolution was largely left to the following Congress.

This report will be updated after any additional lame duck session occurs.