Twenty-seventh Amendment
The Twenty-seventh Amendment to the United States Constitution addresses the timing of congressional pay raises, stipulating that any increase in compensation for members of Congress will not take effect until after the next election. Originally proposed in 1789 as part of a broader set of amendments, it garnered little attention until the late 20th century when public discontent with Congress increased due to various scandals. Activism around the amendment was notably revived by a University of Texas student's efforts in the 1980s, leading to a wave of state ratifications that culminated in its adoption in 1992 when Michigan became the thirty-eighth state to ratify it. The amendment reflects a democratic principle, allowing voters to weigh in on congressional compensation through elections, thereby holding their representatives accountable. Despite its symbolic significance and efforts to address public concerns regarding congressional pay, the practical impact of the amendment has been limited, primarily serving as a tool for protest rather than instituting a substantial reform in how congressional salaries are determined. Today, the Twenty-seventh Amendment stands as a unique example of long-delayed legislative action, illustrating the complexities of constitutional law and the relationship between elected officials and their constituents.
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Twenty-seventh Amendment
Identification A constitutional amendment limiting when members of Congress can receive pay raises
Date Ratification completed on May 7, 1992
One of the original constitutional amendments passed by the first Congress in 1789, the Twenty-seventh Amendment required two centuries before it was ratified.
On May 7, 1992, the Michigan legislature became the thirty-eighth legislature to ratify the Twenty-seventh Amendment, giving the amendment the necessary approval of three-fourths of the states. The amendment became a source of controversy because of the long period between congressional approval and state ratification.
The Twenty-seventh Amendment was one of twelve original amendments passed by Congress in 1789, ten of which would become the Bill of Rights. The amendment delayed payment of congressional pay raises until the next congressional election, allowing voters to consider the pay raise as an election issue. The amendment was long forgotten until a University of Texas political science student, Gregory Watson, composed a paper arguing that the amendment could be ratified. Throughout the 1980’s, state legislatures ratified the amendment, moving it closer to becoming part of the Constitution.
The amendment became a major political issue during the early 1990’s as a series of congressional scandals raised anger against the institution. State legislatures expressed their disgust with Congress by ratifying the amendment. The amendment was given another boost starting in 1990, the first congressional session in which members received automatic cost-of-living pay increases, saving members the political pain of voting for annual pay raises. The automatic raises were unpopular with voters and placed congressional pay on the political front burner. The 1992 House of Representatives check-kiting scandal, in which congresspersons wrote bad checks to the House bank, provided the final impetus for the amendment’s passage. By the spring of 1992, state legislatures were in a race to see which could become the thirty-eighth state to ratify the amendment and make it part of the Constitution. The Michigan legislature won the race, followed by New Jersey on the same day, Illinois on May 12, and California on June 26.
Questions were raised as to whether the amendment was properly ratified after two hundred years of constitutional limbo. Some members of Congress argued that the period of time between congressional approval and final ratification made it unacceptable, but these arguments were drowned out as both houses voted overwhelmingly in favor of the amendment.
The Twenty-seventh Amendment was immediately used by groups challenging the 1989 automatic pay raise law. In Boehner v. Anderson (1992), a federal judge upheld the 1989 law as abiding by the terms of the amendment.
Impact
While the Twenty-seventh Amendment served mostly as a protest tool for state legislatures unhappy with Congress, its long-term impact was minimal, only delaying when members of Congress could receive pay raises rather than changing the method of increasing their pay.
Bibliography
Palmer, Kris E., ed. Constitutional Amendments:1789 to the Present. Detroit: Gale Research, 1999.
Vile, John. A Companion to the United States Constitution and Its Amendments. 4th ed. Westport, Conn.: Praeger, 2006.