Americans really don’t understand constitutional government. They have a simplistic view of constitutionalism based on a legalism that boggles the mind. I say this because of my enormous respect for British constitutionalism that understands that a constitution is not just law but also custom and usage.
Hence lame ducks and dead ducks. There is nothing as undemocratic as lame ducks. I don’t mean the time when an office holder is not willing or able to run again, I refer to the time after an election takes place and before the newly elected take office.
In Britain, that period can be as short as a matter of hours.
There is no reason whatsoever for there to be any delay other than delay caused by an undetermined result.
And this leads to my point about constitutionalism. Yes, the documents say that a new Congress doesn’t begin until January 3rd or a new President doesn’t get inaugurated until January 20th with similar situations in the states.
In the British based systems, a electorally defeated Prime Minister has the legal right to wait in office until the new Parliament meets and defeats him/her on the Throne Speech. However, the custom and usage calls for resignation as soon as the results are clear. Equally important, if there is a lame duck period, which begins when the election is called, the government can only act as a caretaker. Good and democratic.
For instance, nothing prevents a President ending his period in office from having his/her Vice President resign the day after the election and then under the 25th Amendment appointing the elected successor.
This would also have the enormous impact of reducing the bloated and redundant staff that enclose our elected leaders in bubbles.
Anyone running for office should be prepared to take over at a moment’s notice.