Twenty-seventh Amendment

Twenty-seventh Amendment. The Twenty-seventh Amendment to the Constitution of the United States prohibits any law that changes the compensation for the service of members of Congress from taking effect until after a subsequent election for the House of Representatives. It is a unique provision within the United States Bill of Rights, notable for its extraordinarily long ratification period of over 202 years. The amendment serves as a procedural check on congressional self-interest, ensuring that voters have an opportunity to judge their representatives before any salary change is implemented.

Text

"No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened."

History

The amendment was originally proposed by James Madison in 1789 as part of a package of twelve amendments sent to the states for ratification following the drafting of the Constitution of the United States. This package emerged from the 1st United States Congress meeting in New York City, largely in response to calls from Anti-Federalists and several state ratifying conventions for greater explicit protections of individual liberties. While ten of these proposals were ratified within two years, becoming the United States Bill of Rights, the congressional pay amendment and one other failed to secure the necessary approvals from three-fourths of the state legislatures. The other unratified proposal dealt with the apportionment of the United States House of Representatives.

Proposal and ratification

The proposal languished for nearly two centuries, with only six states—Maryland, North Carolina, South Carolina, Delaware, Vermont, and Virginia—ratifying it in the 18th century. The modern ratification movement was ignited in 1982 by Gregory Watson, then a student at the University of Texas at Austin, who wrote a paper arguing the amendment was still viable. After receiving a low grade, he began a nationwide campaign, writing to state legislators. This effort gained momentum amid public frustration with Congress during the 1980s and early 1990s, particularly surrounding events like the Keating Five scandal and controversies over congressional pay raises. The ratification drive culminated on May 7, 1992, when Michigan became the 38th state to ratify, pushing the amendment over the constitutional threshold. The archivist of the United States, Don W. Wilson, certified the ratification on May 18, 1992, a decision subsequently affirmed by votes in both the Senate (99–0) and the House (414–3).

Effect and interpretation

The primary legal effect of the amendment is to delay the implementation of any congressional pay change until after the next biennial election for the House of Representatives. This creates a "cooling-off" period and subjects the vote to potential electoral consequences. The Supreme Court of the United States has not ruled extensively on the amendment. In *Boehner v. Anderson* (1994), the United States Court of Appeals for the District of Columbia Circuit held that the annual cost-of-living adjustments authorized by the Ethics in Government Act of 1989 did not constitute a "law, varying the compensation" and were therefore permissible without an intervening election. The amendment is generally interpreted to apply only to direct changes in salary, not to other benefits or perquisites.

Significance

The amendment holds significant historical and political importance as the most recent addition to the Constitution of the United States and a demonstration of the amendment process's flexibility. Its ratification validated the theory that proposed constitutional amendments have no expiration date unless explicitly stated, a principle later referenced during the debate over the potential ratification of the Equal Rights Amendment. Politically, it stands as a lasting symbol of public distrust of Congress and the principle of legislative accountability. The story of its ratification, driven by a citizen's initiative rather than congressional action, remains a unique chapter in American constitutional history, illustrating the enduring power of the ideas formulated during the founding era at the Constitutional Convention and championed by figures like James Madison.

Category:Amendments to the United States Constitution Category:1992 in American law