REPORT OF THE SPECIAL COMMITTEE ON CHANGE OF DATE OF PRESIDENTIALINAUGURATIONAuthor(s): William L. Putnam, William L. Marbury, Nathan William MacChesney, RichardBoardman and John B. SanbornSource: American Bar Association Journal, Vol. 6, No. 3 (July, 1920), pp. 417-419Published by: American Bar AssociationStable URL: http://www.jstor.org/stable/25700653 .

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Presidential Inauguration 417

REPORT OF THE

SPECIAL COMMITTEE ON CHANGE OF DATE OP PRESIDENTIAL INAUGURATION.

(To be presented at the meeting of the American Bar Association at St. Louis, Mo., August 25, 26, 27, 1920.)

To the American Bar Association:

At the meeting of the committee held last summer at Boston those members who were present were of the unanimous opinion that the long time which elapses between the election of the President and his inauguration is a serious evil fraught with much

danger.

That it is liable to leave the administration in hands which have been discredited by a popular vote of want of confidence and that such a situation greatly weakens the prestige of the Government both at home and abroad.

The three months' session of the old Congress occurring after a new Congress has been elected is also most unsatisfactory and serves as an opportunity for partisan activity of the worst

kind.

The committee caused an investigation to be made as to the

way in which the present dates were fixed and as to the means

necessary to make any desirable alterations. I n regard to the assembling of Congress, it seems to have been

the intention of the framers of the Constitution that the new

Congress elected in November should assemble in December^ but for reasons of convenience it was the old Congress that assembled and this has been the practice ever since, although the date of the assembling of Congress can be altered by legis lation.1

The dates relating to the Presidential election, both the date of the popular vote and the date of the assembly of the Electors, and the counting of the Electoral votes by Congress are all fixed

1 Constitution of United States, Article I, Sec. 4.

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418 The American Bar Association Journal

by Congress under the power conferred by the Constitution.8 The date of the inauguration was originally fixed by the Con tinental Congress/ and again by the First Congress under the

Constitution/ but the date March 4th has been recognized by constitutional amendment5 and the Constitution itself provides that the President shall hold office for four years.8

It seems therefore that if there is to be a change in the date of the inauguration as President it must be by constitutional amendment.

The matter has been frequently brought up in Congress but

the aspect of the question which has attracted most public attention is the desire to have the inauguration day at a less

inclement season of the year.

Suggestions have been made that the inauguration be post poned until May and other counter-suggestions have been that the

election be held earlier, say in September, and the inauguration take place in the warmer days of early November.

Any change will affect a great many divers interests. Your committee therefore deem it unwise to commit them

selves or to ask the Association to commit itself in favor of any

particular date of election and inauguration as being better than

any other. It is a subject which to be thoroughly worked out

requires investigation by the authoritative body which is to pass the legislation and which will have power to make full investi

gation. This committee, however, is of the opinion that it is the duty

of this Association representing the great body of lawyers of

the country to call to the attention of Congress those provisions

2 Constitution of United States, Article II, Sec. 1, Act of February 3,

1887, Chapter 90; 24 Statutes at Large 373, U. S. Compiled Statutes

(1916), Sec. 203; Federal Statutes Annotated, 2d Edition, Vol. 8,

page 263, as amended by Act of October 19, 1888, Chapter 1216;

25 Statutes at Large 613, United States Compiled Statutes (1916),

Section 210; Federal Statutes Annotated, 2d Edition, Vol. 8, page 266. 3 Journal of Continental Congress, Vol. 4, page 867. 4 Act of March 1, 1792, Chapter 8, Sec. 12; 1 Statutes at Large 241,

U. S. Compiled Statutes (1916), Sec. 222; Federal Statutes Anno

tated, 2d Edition, Vol. 8, page 266. 5 Constitution of United States, Amendment XII. 6 Constitution of United States, Article II, Sec. 1.

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Presidential Inauguration 419

of the law and of the Constitution which are fraught with serious danger and which are liable to bring humiliation and disaster to the republic.

Unless such provisions are amended or eliminated carefully by experts after cool deliberation, they are liable to do untold

damage and to bring the whole fabric of our Constitution and laws into disrepute. Then extremists and agitators have their

opportunity to destroy instead of amending and improving. The committee therefore recommends that the American Bar

Association go on record as strongly favoring such action as

will lead to the election and the inauguration of the President

being brought nearer together and to the abandonment of the short session of the old Congress. We also recommend that these views be made public and be

communicated to the President, Senators and members of the House of Kepresentatives, and that a committee be appointed to see to the carrying out of the foregoing details or that the present committee be continued for that purpose. We do not recommend the preparation or advocacy of any special program for legislation or for the amendment of the Constitution.

William L. Putnam,

William L. Marbury,

Nathan William MacChesney,

Richard Boardman, John B. Sanborn.

May 21, 1920.

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