Evening star., 1940-01-01
Close Gap in Congress,
And Inaugural Dates,
McNary Urges
17-Doy Difference Is
Cited in Proposal for
Change in c Constitution
By ]. A. O'LEARY.

A change in the Constitution to
close the gap of nearly three weeks
between the assembling of the new
Congress and the Inauguration of
the next President in January, 1941,
was suggested today by Senate Mi
nority Leader McNary of Oregon.
The interim was fixed in the
Norris lame duck" amendment to
the Constitution six years ago,
which requires Congress to convene
on January 3, but fixes January 20
as Inauguration day.
Senator McNary said this January
3 date leaves a hiatus" which, in
his opinion, should be cured by a
modification of the constitutional
amendment Another constitution
al amendment would be necessary,
however, to bring the two dates
nearer together, and it is generally
admitted the amending process
could not be carried out in time to
affect the situation in 194l, since
three-fourths of the States must
ratify change.
Question Considered Before.
Senator Norris, Independent, OF
Nebraska, said the question was
thoroughly considered when his
original amendment was being
drafted. He raised the query as to
how the official canvass of the elec-
toral votes could be made if the two
dates were brought together, and
indicated it was felt the working out
of that problem would have COM
plicated the proposal.
The Constitution provides that
after the presidential election each
State must certify and deliver to
the presiding officer of the Senate
the result of its electoral vote, in
sealed envelopes. An existing law
requires the two House of Congress
to meet in joint session on January
6 in inaugural years to open the
envelopes and officially certify the
result.
Interval of IA Days.
Under ordinary conditions, when
no challenges are raised against any
of the State certificates as they are
opened, this formality of canvassing
the vote is disposed of in one after
noon.
Therefore, even after the election
Is legally certified, there will still be
an interval of IA days before the
new presidential term begins.
If President Roosevelt should run
and reelected for a third term,
this tWo-week hiatus next January
would be of no consequence, since
administration plans and policies
would continue.
If, however, a Republican Presi-
dent is elected next November the
new Congress meeting on January
3, 1941, would have to mark time
until President Roosevelt turned the
reins of Government over to his
successor on January 20 before it
could receive communications from
the new President.
Legislation Possibility Remote.
1t would, of course, be possible
to bridge the gap by informal con-
ferences between the outgoing and
newly elected national leaders on
such questions as the budget, which
usually is ready for Congress when
1t convenes.
Between January 3 and 20, how
ever, the incoming Congress would
have the power to legislate, par
hamentary experts point out, and
If a situation ever arose in which
a President-elect did not have ma
jority in Congress, one or both
Houses might begin considering con-
troversial legislation before the in
auguration. While this would be
possible there would be only a re-
mote, if any, chance of passing any
bills under such circumstances
within two weeks. The right of un-
limited debate in the Senate would
always enable the supporters of
the incoming President to put off
final vote until he was In Office.