Commentary: Big Tent Ideas

GUY CIARROCCHI: Amend The Constitution: January 20th Is Too Long A Transition

President Franklin Roosevelt delivers his first inaugural address at the U.S. Capitol, March 4, 1933. (Franklin D. Roosevelt Presidential Library and Museum/National Archives and Records Administration}

The world has changed. Life has changed. Politics has changed. It is time to change the 20th Amendment of our Constitution. January 20th is too long to wait for a new president.

In accordance with the 20th Amendment to the Constitution, President-elect Donald Trump will take office at noon on January 20, 2025. His successor will take office at noon January 20, 2029.

From President George Washington up through President Franklin Roosevelt’s first term, presidents took office on March 4th. That protracted time period from Election Day to the Inauguration was necessary given the limited ability to travel, communicate, and transact business. It took weeks to conduct basic business well into the 19th Century. Improvements in modern transportation and communications, and the increasingly vital role of the president and of the United States in the world, helped motivate the change from March 4th to January 20th, starting with FDR’s second inauguration in 1937. The change to January 20th made sense back then.

But it is not 1937 anymore. Now, information moves in seconds. A new president can travel and arrive at the White House within hours. With Election Day on the first Tuesday after the first Monday in November, presidential transitions run from 73 to 79 days. That is too long.

Our current situation involves an outgoing President Joe Biden, who is of advanced age and limited abilities, along with a crisis at the United States border and major global tensions — from Ukraine to Israel, from Syria to the South China Sea. Throw in the drones over the skies of New Jersey and the dangers of a protracted transition become clear. America and Americans are at risk.

The White House’s behavior since November 5th has been troubling at best.

Since Election Day, Biden has advised federal workers that they do not have to return to work in-person; sent billions of dollars more to Ukraine; pledged up to a billion in aid to Syria; shrugged at the plight of Americans rendered homeless by a natural disaster in western North Carolina; withdrew his temporary facade of “securing the border,” issued solely to help Vice President Kamala Harris’ election bid (the border is as porous as ever); stayed silent about antisemitic demonstrations on college campuses; ignored the SUV-sized drones flying over New Jersey; traveled to Africa to pledge billions of American dollars — then fell asleep at a meeting of leaders; and, last but certainly not least, pardoned his own son — while he allegedly contemplates granting dozens of other such favors before leaving office.

Obviously, my call for revising the 20th Amendment to shorten the transition period would not change anything today. We will have to wait for January 20th this time around. But the events of the last 40 days show why this change must be made going forward. The world is a dangerous place; our economy is enormous and fragile; and the impact that a president makes, both domestically and overseas, is more obvious than ever.

The outgoing president should not have up to 79 days to spend our money on his remaining “pet projects” or to advance his pet ideology; nor should he be granted 79 days to tie the hands of his successor to force compliance with bad laws or executive orders, so that the new president has to spend the first few weeks of his tenure untying these knots.

The outgoing president should not get 79 days to employ taxpayer-funded strategists and attorneys preparing hundreds of pardons for his family, friends, and allies.

And looked at from the other side of the ledger, the incoming president does not need 79 days to pick key staff, cabinet secretaries or set priorities. These are vital tasks, of course, and some time is required, but 79 days is not a magic number.

As a conservative, I hesitate to amend our Constitution. But this would be a practical and necessary change — to allow a decent time period for transition while also preventing various abuses and inefficiencies. It would be a conservative amendment.

In Great Britain, the transfer of power takes place in one day. True, America is a much larger nation, with three branches of government, not a parliamentary system with members of Parliament serving as cabinet officials. But if our British cousins can do it in one day, surely Americans do not need 79.

Reasonable people can disagree on the exact number of days. And, yes, I am cognizant of Thanksgiving, Christmas, Hanukkah, and the New Year — and of how the same 20th Amendment sets the new Congress’ installation for January 3. And, yes, other dates for certifications would have to be adjusted as well. But for all the reasons set forth above, this can and should be done.

I hereby propose a 28th Amendment: “The 20th amendment shall be amended such that the President and Vice President shall have their terms end at noon on December 17, when the terms of their successors begin. And, the terms of the Senators and Representatives shall end at noon on December 1, when the terms of their successors begin.”

The world is a dangerous place. America needs a prompt, orderly transition of power that reflects our modern circumstances. The 20th Amendment is “broken;” let’s fix it.

Guy Ciarrocchi is senior fellow with the Commonwealth Foundation. He previously served as chief of staff to federal and state officials. He writes for RealClear Pennsylvania and Broad+Liberty. @PaSuburbsGuy

The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller News Foundation.