Eleanor Finch
The 1992 constitutional revision refers to the Twenty-seventh Amendment to the United States Constitution, which was certified on May 18, 1992. The amendment states that any law that increases or decreases the salary of members of Congress may take effect only after the next election of the House of Representatives has occurred. It was proposed in 1789 and is the most recently adopted amendment. The 1992 revision also refers to an amendment to the Constitution of India, which made the third tier of democracy more powerful and effective.
| Characteristics | Values |
|---|---|
| Country | United States of America |
| Year | 1789 |
| Revision Year | 1992 |
| Amendment | 27th Amendment (also known as the Congressional Compensation Act of 1789) |
| Purpose | To reduce corruption in the legislative branch |
| Implementation | Requires an election before a congressperson's salary increase takes effect |
| Ratification | Ratified by 38 states, with Michigan being the 38th state on May 7, 1992 |
| Certification | Certified by the Archivist of the United States, Don W. Wilson, on May 18, 1992 |
| Country | India |
| Year | N/A |
| Revision Year | 1992 |
| Amendment | N/A |
| Purpose | To make the third tier of democracy more powerful and effective |
| Implementation | Constitutionally mandatory regular elections for local government bodies; reserved seats for SCs, STs, OBCs, and women; state governments sharing powers and revenue with local bodies |
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What You'll Learn
The Twenty-seventh Amendment to the US Constitution
The amendment was largely forgotten until 1982 when Gregory Watson, a 19-year-old student at the University of Texas at Austin, wrote a paper for a government class in which he discussed the amendment. This sparked a nationwide campaign to complete its ratification. On May 7, 1992, Michigan became the 38th state to ratify the amendment, however, it was later discovered that Kentucky had also ratified it, making Alabama the state to finalise the amendment.
The response in Congress to the certification was sharp, with Senator Robert Byrd scolding Wilson for acting without congressional approval. Despite this, the amendment was officially added to the Constitution and published in the Federal Register on May 19, 1992. It is worth noting that four states have not ratified the Twenty-seventh Amendment: Massachusetts, Mississippi, New York, and Pennsylvania.
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Powers of individual US states
The US Constitution grants individual states powers that are not given to the federal government. The Tenth Amendment states: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people." This amendment was added to the Constitution in 1791 as part of the Bill of Rights, which was included to address concerns about the federal government's power.
The Tenth Amendment safeguards the principles of federalism, which refers to the division of power between the federal and state governments. It helps maintain a balance of power between them and allows states the freedom to experiment with different ideas and programs. This has led to states being referred to as "laboratories of democracy".
Examples of powers reserved for the states include the "police powers" of health, education, and welfare. States can also regulate public welfare and morality. For instance, Wyoming became the first state to grant women the right to vote in 1869, and during the Progressive Era, states passed social welfare legislation that regulated working conditions and hours.
However, the Supreme Court has struck down some state laws as violating personal liberties. For example, federal law bans marijuana, but some states have legalized it for personal and medical use. The Supremacy Clause in Article VI of the Constitution makes federal law superior in such cases.
Additionally, states cannot lay imposts or duties on imports or exports without the consent of Congress, and the net produce of all duties and imposts goes to the US Treasury. States also cannot keep troops or ships of war in peacetime, enter into agreements with other states or foreign powers, or engage in war without Congressional consent, unless they are invaded or in imminent danger.
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The role of the US President
The US Constitution (1787-1992) underwent a revision in 1992, with the addition of the Twenty-seventh Amendment (Amendment XXVII), also known as the Congressional Compensation Act of 1789. This amendment was ratified on May 5, 1992, with Michigan's ratification on May 7, 1992, being the 38th state to do so. The purpose of this amendment was to reduce corruption in the legislative branch by requiring an election before any increase in the salary of members of Congress.
While the legislative powers are vested in the Congress, consisting of the Senate and the House of Representatives, the President plays a crucial role in the legislative process. The President has the power to propose and enact laws, and to enforce them. The President can also veto legislation passed by Congress, which can be overridden by a two-thirds majority vote in both houses.
In addition to their legislative role, the President is the commander-in-chief of the armed forces and is responsible for conducting foreign policy. This includes the power to make treaties, appoint ambassadors, and receive foreign diplomats. The President also has the power to grant pardons and reprieves, and can declare states of emergency in cases of national crisis.
The President also has the authority to appoint federal judges, including Supreme Court justices, with the advice and consent of the Senate. This appointment power extends to various executive branch officials and ambassadors.
Overall, the US President has a significant role in the country's governance, with a range of responsibilities and powers outlined in the Constitution. The President's role is a balance of executive, legislative, and foreign policy duties, all of which contribute to the functioning of the US government.
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Changes to the Indian Constitution
The Indian Constitution was amended in 1992 to empower the third tier of government, making it more effective and powerful. This was a significant step towards decentralisation, with the following changes:
The Seventy-second Amendment Act, 1992
This Act was enacted to restore peace and harmony in the troubled regions of the State of Tripura. It provided for a greater share of tribals in the governance of the state. Specifically, it ensured that the number of seats reserved for the Scheduled Tribes in the Legislative Assembly bore a proportion to the total number of seats, which was not less than the number of seats held by members of the Scheduled Tribes at the time.
The Seventy-third Amendment Act, 1992
This Amendment ensured the continuation of existing laws and Panchayats. It stated that any provision of law relating to Panchayats in force immediately before the Amendment would continue until amended or repealed by a competent authority, or until one year from the commencement of the Amendment. It also outlined the term of office for a Panchayat, which is five years from the date of its first meeting.
The Seventy-fourth Amendment Act, 1992
This Amendment addressed the issues of weak and ineffective local bodies in many states. It made it constitutionally mandatory to hold regular elections to local government bodies. It also reserved seats in elected bodies for Scheduled Castes, Scheduled Tribes, and Other Backward Classes, with at least one-third of all positions reserved for women.
Furthermore, this Amendment established a State Election Commission in each state to conduct Panchayat and Municipal elections. It also required State governments to share some powers and revenue with local government bodies.
The Seventy-fourth Amendment Act also included provisions for the Municipalities, empowering them to function as institutions of self-government. These provisions outlined the preparation of plans for economic development and social justice, as well as the performance of functions and implementation of schemes.
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Amendments to the US Bill of Rights
The Twenty-seventh Amendment (Amendment XXVII), also known as the Congressional Compensation Act of 1789, was added to the United States Constitution in 1992. This amendment states that any law that increases or decreases the salary of members of Congress may only take effect after the next election of the House of Representatives has occurred. The purpose of this amendment is to reduce corruption in the legislative branch by allowing the public to remove members of Congress from office before their salaries increase.
The amendment was first proposed in 1789, along with 11 other amendments. However, it was not ratified by enough states at that time. In 1982, a student at the University of Texas at Austin named Gregory Watson wrote a paper arguing for the amendment's ratification, and a nationwide campaign ensued. On May 7, 1992, Michigan became the 38th state to ratify the amendment, but it was later discovered that Kentucky had also ratified it earlier, making Alabama the finalising state.
The addition of the Twenty-seventh Amendment to the US Constitution demonstrates the country's commitment to upholding the principles established in the original Bill of Rights. The Bill of Rights, which comprises the first ten amendments to the Constitution, was ratified in 1791 and sets out a range of fundamental rights and freedoms for US citizens. While the Twenty-seventh Amendment does not directly address a specific right or freedom, it is designed to address concerns about corruption and the integrity of the legislative process, thereby supporting the broader principles of good governance and democratic representation outlined in the Bill of Rights.
The US Constitution, with its Bill of Rights and subsequent amendments, continues to be a living document that adapts to the evolving needs and values of American society. The process of amending the Constitution, as demonstrated by the addition of the Twenty-seventh Amendment, provides a mechanism for addressing issues that arise over time and ensuring that the nation's founding document remains relevant and responsive to the people it serves.
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Frequently asked questions
The 1992 revision to the Constitution of India strengthened the third tier of democracy, making it more powerful and effective. It also made it constitutionally mandatory to hold regular elections to local government bodies.
The 1992 revision to the Constitution of the United States included the addition of the Twenty-seventh Amendment, also known as the Congressional Compensation Act of 1789. This amendment aimed to reduce corruption in the legislative branch by requiring an election before a congressperson's salary increase takes effect.
The Twenty-seventh Amendment was designed to reduce corruption in the legislative branch by giving the public the opportunity to remove members of Congress from office before their salaries increase.
The Archivist of the United States, Don W. Wilson, certified the Twenty-seventh Amendment on May 18, 1992.
The response in Congress was mixed. Senator Robert Byrd of West Virginia criticised Don W. Wilson for certifying the amendment without congressional approval, arguing that he had deviated from "historic tradition". On the other hand, Speaker of the House Tom Foley and others called for a legal challenge.
