Constitutional Transitions: The Role of Lame Ducks and Caretakers

As a lame-duck president, George W. Bush was criticized for finalizing a bilateral military accord with the Iraqi government against the wishes of Presidentelect Obama, U.S. Congress, and the American people. He thus tied the hands of his successor in handling foreign and military affairs, and partially subverted the powerful call for “change” that the nation had demanded at the voting booth. President Bush’s predecessor engaged in similar “midnight” actions. As a lameduck president, President Bill Clinton signed the Rome Statute, the treaty establishing the International Criminal Court, which led the newly elected President Bush to take the remarkable and unprecedented act of “un-signing” the treaty.

Further back in American history, lame-duck President Carter signed the Algiers Declarations on his last day in office in return for the release of American hostages held in Iran. This was done despite (or because of) the fact that President-elect Reagan ran on an opposing platform taking a harsh non-negotiable stand against Iran. These former leaders are not alone.