Certain exceptions must be made for emergency scenarios, but those scenarios must be explicitly spelled out. War, and little else perhaps a waiver should a supermajority of both houses of Congress and the president deem something urgent enough.IMHO these proposals are long overdue. Lame ducks are directly antidemocratic.I recognize that there are things like pardoning unpopular people who actually have been wronged that a lame-duck president might sometimes do, for example. But basically, the proposal to eliminate the lame duck session or executive action is best addressed by moving inauguration day to December 1 or earlier.
Of course, we are talking implicitly about cases where there is a change of party control. That is where lame ducks have most motive to abuse - but at the same time, if there is no change of party control, and the inauguration does follow immediately after the election - why, what is the imposition on the new people having to live with old infrasturcture, compared with the top-level shutdown implied in a two-month interregnum in which newly elected officeholders are not yet installed - and de-elected officers are the only ones with any authority?
Theres not much I like in the British parliamentary system, but . . . when a prime ministers party loses, the PM has 24 hours to vacate 10 Downing Street. One day and power is transferred. The will of the people reflected in one rotation of the Earth.The author needs to develop this thought - why does he claim that it isnt possible here? Not possible in a day, certainly - we have the example of FL 2000 still fairly fresh in our minds - but that could be addressed by assigning deadlines to recounts, and let the chips fall as they may. A month after election day should be plenty.Such a quick turnaround isnt possible or advisable here; there are virtues to a transition period.
And, while were at it, shouldnt there be at least some accountability of the incumbent administration to the new senate, when the incumbent president is reelected? What would Eric Holder have gone through, if, counterfactually, he had faced a Republican Senate majority for reconfirmation after the 2012 election?
This is just one other thing to put in the hopper for Mark Levins proposed constitutional convention.
Another would be term limits for SCOTUS justices, and another would be regularizing the Senates filibuster rules so that they arent changed at the convenience of the Majority Leader.
b4L8r