Omar Bennett
The Twenty-seventh Amendment to the US Constitution, also known as the Congressional Pay Amendment, prohibits Congress from changing their salaries until after the next election. This amendment was proposed in 1789 and ratified in 1992, making it the most recent addition to the Constitution. The amendment addresses concerns about Congress's power to determine their own salaries, which some believed could lead to abuse and corruption. While the amendment allows Congress to increase or decrease their compensation, any changes will only take effect after the next election. This ensures that members of Congress cannot raise their salaries right before getting voted out of office.
| Characteristics | Values |
|---|---|
| Amendment Number | 27 |
| Date of Ratification | May 7, 1992 |
| Purpose | To prevent corruption in the Legislative Branch |
| Effect | Prohibits salary changes for members of Congress until after an election of representatives |
| Text | No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives |
| Popularly Known As | The Congressional Pay Amendment |
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What You'll Learn
The 27th Amendment
In 1982, Gregory Watson, a student at the University of Texas at Austin, wrote a paper arguing that the amendment was still "live" and could be ratified. Unsatisfied with the initial grade he received, Watson launched a nationwide campaign to urge state legislatures to adopt the amendment. From the mid-1980s to the early 1990s, more than 30 states ratified the amendment, responding to public opposition to congressional pay increases.
Finally, on May 7, 1992, the National Archivist proclaimed the 27th Amendment to have been ratified, and Congress confirmed this decision shortly after. Despite being the most recent addition to the Constitution, the 27th Amendment has faced little litigation and has had an unclear impact on congressional behaviour. However, it stands as a safeguard against corruption in the legislative branch, ensuring that any salary increases for Congress members are subject to the approval of the electorate.
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Congress can't raise salaries before getting voted out
The 27th Amendment to the US Constitution, ratified on May 7, 1992, states that "no law varying the compensation for the services of Senators and Representatives shall take effect until an election of Representatives shall have intervened". In other words, Congress cannot raise their salaries before getting voted out of office.
The 27th Amendment has its origins in the earliest days of the US, when the Constitution was being debated and drafted. The original Constitution, which took effect in 1789, did not prevent federal laws that increased or decreased Members' compensation from becoming operative before the next congressional election. This was a flaw in the Constitution's design according to some delegates to the state conventions that met to consider its ratification. Several state conventions recommended amendments to address concerns that Members of Congress would abuse their power to set their pay.
In 1789, James Madison, a congressman from Virginia, became the first member of Congress to propose amendments. Three states—Virginia, New York, and North Carolina—demanded the congressional pay amendment. Madison argued that by requiring Congress to pass a law that would not take effect until after an election, "it cannot be for the particular benefit of those who are concerned in determining the value of the service."
The proposed amendment faded out of general memory until 1982, when University of Texas at Austin student Gregory Watson wrote a political science essay theorizing that it was still “live” and could still be added to the Constitution. During his campaign, Watson found out that Virginia, Ohio, Wyoming, and Kentucky had ratified the proposed amendment at different times from 1791 to 1978, with the more modern ratifications being done as an act of protest against Congress's frequent pay raises. From the mid-1980s to the early 1990s, more than 30 state legislatures ratified the Amendment, responding to the American public’s opposition to congressional pay increases.
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Public resentment towards congressional pay increases
The 27th Amendment to the US Constitution, ratified in 1992, prohibits salary changes for members of Congress until after an election of representatives. This amendment was designed to prevent corruption in the Legislative Branch, ensuring that Congress members could not be paid more in their salaries before being voted out of office.
Despite this amendment, public resentment towards congressional pay increases has been a long-standing issue. As early as 1817, Congress changed the compensation from a per diem to a salary, which led to public outrage and the subsequent repeal of the change. In 1873, the 42nd Congress passed the "Salary Grab" Act, which instituted a retroactive pay raise of $7,500. Once again, this caused public outrage, with Ohio's state legislature calling for a constitutional amendment to prevent Congress from enacting retroactive pay raises.
In the late 20th century, public resentment towards congressional pay increases continued to grow as Congress passed semi-regular pay raises. In 1967, the creation of the Commission on Executive, Legislative, and Judicial Salaries further fueled this resentment. The Commission recommended a new salary every four years, which would take effect unless blocked by the House or Senate. This led to a campaign by Gregory Watson, a student at the University of Texas at Austin, to revive the dormant 1789 compensation amendment.
From the mid-1980s to the early 1990s, more than 30 state legislatures ratified the amendment, reflecting the American public's opposition to congressional pay increases. Today, lawmakers continue to argue for pay raises to reflect the rise in the cost of living and to ensure that Congress remains accessible to candidates from diverse economic backgrounds. However, public resentment towards congressional pay increases persists, with some members of Congress finding inventive ways to ensure their pay continues to increase.
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Congress's power to set its own pay
The Twenty-seventh Amendment to the US Constitution, ratified in 1992, addresses Congress's power to set its own pay. This amendment, also known as the Congressional Pay Amendment, states that "no law varying the compensation for the services of the Senators and Representatives shall take effect until an election of Representatives shall have intervened".
In other words, while senators and representatives have the power to increase or decrease their salaries, any changes will not come into effect until after the next election and the next session of Congress. This amendment was designed to prevent corruption in the Legislative Branch and ensure that Congress members could not raise their salaries right before getting voted out of office.
The history of the Twenty-seventh Amendment is long and complex. It was first proposed by James Madison, then a congressman from Virginia, in 1789 as one of the first proposed amendments in American history. Madison and others argued that allowing Congress to set its own pay without an intervening electoral check could lead to abuse and undermine the stability of the national government. Despite these concerns, the original Constitution, which took effect in 1789, did not include this amendment and allowed federal laws that increased or decreased Members' compensation to become operative before the next election.
Over the next two centuries, there were several attempts to ratify the amendment, including by the states of Virginia, Ohio, Wyoming, and Kentucky at various times from 1791 to 1978. In the late twentieth century, the amendment was rediscovered by Gregory D. Watson, then an undergraduate student at the University of Texas at Austin, who wrote a paper arguing for its continued relevance and urged state legislatures to adopt it. Finally, in 1992, more than two centuries after it was first proposed, the Twenty-seventh Amendment was ratified, reflecting the American public's opposition to congressional pay increases.
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Preventing corruption in the Legislative Branch
The Twenty-seventh Amendment to the US Constitution, ratified in 1992, was designed to prevent corruption in the Legislative Branch. The amendment, also known as the Congressional Pay Amendment, stipulates that no changes to the salary of Congress members can take effect until after the next election. This means that senators and representatives cannot increase or decrease their salaries during their current term and must wait until the next session of Congress for any changes to take effect.
The history of the Twenty-seventh Amendment dates back to 1789, when James Madison, a congressman from Virginia, first proposed it. Madison and others wanted to prevent the vote-buying system of English politics from influencing American politics. They believed that by requiring Congress to pass a law that would not take effect until after an election, it would not benefit those involved in determining the value of congressional services.
Despite the proposal, the amendment lay dormant for over two centuries. During this period, Congress continued to pass pay raises, often to the resentment of the public. In the 1980s, University of Texas at Austin student Gregory Watson rediscovered the amendment and launched a campaign urging state legislatures to adopt it. By the early 1990s, more than 30 states had ratified the amendment, reflecting the American public's opposition to congressional pay increases.
The Twenty-seventh Amendment has faced little litigation since its ratification. However, federal courts have determined that it does not impact cost-of-living adjustments issued by Congress. While pay rates cannot be changed until after elections, fluctuations to meet cost-of-living requirements are allowed.
The Twenty-seventh Amendment provides a crucial check on the power of Congress to set its own pay, helping to prevent corruption and ensuring that any changes to congressional salaries are made with the consent of the people through their elected representatives.
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Frequently asked questions
The 27th Amendment to the Constitution, also known as the Congressional Pay Amendment, was ratified on May 7, 1992. It forbids any changes to the salary of Congress members from taking effect until after the next election.
The 27th Amendment was designed to prevent corruption in the Legislative Branch. It ensures that Congress members cannot increase their salaries right before getting voted out of office.
The 27th Amendment was first proposed by James Madison, a congressman from Virginia, in 1789. He wanted to address concerns about the power of Congress to set its own pay.
The 27th Amendment took effect after it was ratified by three-fourths of the states. It was ratified on May 7, 1992, and became part of the Constitution at that time.
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