The Last Amendment: Understanding Our Constitution

what was the last constitutional amendment passed

The Twenty-seventh Amendment to the United States Constitution, also known as the Congressional Compensation Act of 1789, was the last constitutional amendment to be passed. It was ratified in 1992, 203 years after it was first proposed.

Characteristics Values
Name Twenty-seventh Amendment
Other Names Congressional Compensation Act of 1789
Year Proposed 1789
Year Passed 1992
Content No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

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The Twenty-seventh Amendment

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

This amendment was one of 12 proposed by the first Congress in 1789, 10 of which were ratified and became the Bill of Rights in 1791. However, the Twenty-seventh Amendment remained dormant for almost 80 years after only six states voted for ratification. In the 19th century, Ohio ratified the amendment, followed by Wyoming in 1978. In 1982, a student at the University of Texas, Gregory Watson, wrote a research paper that sparked a movement to ratify the amendment. It was finally ratified in 1992, 203 years after it was first proposed.

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The Congressional Compensation Act of 1789

The Twenty-seventh Amendment, commonly known as the Congressional Compensation Act of 1789, was one of the first amendments proposed by the first Congress in 1789. It was submitted to the states for ratification on September 25, 1789, along with 11 other proposed amendments (Articles I–XII).

The Act 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. The idea behind 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 Twenty-seventh Amendment remained dormant for almost 80 years after only six states voted for ratification: Delaware, Maryland, North Carolina, South Carolina, Vermont, and Virginia. In 1873, Ohio ratified the amendment to express its dissatisfaction with Congress's attempts to increase members' salaries. The amendment lay dormant again until 1978, when Wyoming ratified it. In 1982, undergraduate student Gregory Watson wrote a paper on the subject, which became the foundation for a movement to curtail political corruption by ratifying the amendment.

The Twenty-seventh Amendment was finally ratified in 1992, making it the most recently adopted amendment.

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The long road to ratification

The Twenty-seventh Amendment to the United States Constitution, commonly known as the Congressional Compensation Act of 1789, was proposed by the first Congress in 1789, along with 11 other amendments. The 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.

The amendment was initially ratified by six states: Delaware, Maryland, North Carolina, South Carolina, Vermont, and Virginia. However, the First Congress did not attach a time limit for ratification by the states, and the amendment remained dormant for almost 80 years. In 1873, Ohio ratified the amendment, followed by Wyoming in 1978.

In 1982, a student at the University of Texas, Gregory Watson, wrote a research paper on the amendment, sparking a movement to ratify it. By 1992, 203 years after it was first proposed, the amendment was finally ratified, with the support of additional states.

The Twenty-seventh Amendment has one of the most unusual ratification histories of any amendment to the U.S. Constitution. The long delay between its proposal and ratification raised legal questions about the validity of the amendment and the role of the Supreme Court in the process. Despite the unusual circumstances, the Twenty-seventh Amendment was ultimately ratified and became a part of the Constitution.

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The Supreme Court's role

The last constitutional amendment passed in the United States was the Twenty-seventh Amendment, ratified in 1992, 203 years after it was first proposed. This amendment, also known as the Congressional Compensation Act of 1789, 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."

This means that any changes to the compensation of members of Congress cannot take effect until after the next election.

The Supreme Court has never ruled directly on this amendment, but its role in relation to the Twenty-seventh Amendment has been a topic of discussion. The amendment's unusual history and long ratification process have raised questions about the role of the Supreme Court in reviewing the validity of constitutional amendments. In Coleman v. Miller (1939), Justice Hugo Black argued that cases challenging the validity of a constitutional amendment raise a political question that only Congress can resolve. This view is supported by legal scholars and based on the long-standing practice of the federal courts not interfering with the amendment ratification process.

However, the Supreme Court's role in interpreting the Constitution and determining the legality of government actions remains crucial. While the Twenty-seventh Amendment has not been directly challenged before the Supreme Court, lower courts have ruled on its applicability in specific cases. For example, in Schaffer v. Clinton, the United States Court of Appeals for the Tenth Circuit ruled that the amendment does not grant members of Congress standing in federal court to challenge changes to their compensation.

The Supreme Court's interpretation of constitutional amendments and its role in ensuring compliance with these amendments are essential aspects of its function. While the Court has not directly ruled on the Twenty-seventh Amendment, its indirect involvement through lower court rulings and the interpretation of similar cases demonstrates its ongoing role in shaping the understanding and implementation of constitutional amendments.

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The Bill of Rights

The last constitutional amendment passed in the United States was the Twenty-Seventh Amendment, commonly known as the Congressional Compensation Act of 1789. This amendment was proposed by the first Congress in 1789, along with eleven other constitutional amendments, and was finally ratified in 1992.

The Twenty-Seventh 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 simpler terms, this amendment ensures that any changes to the compensation or salaries of members of Congress cannot take effect until after the next election of representatives. This amendment has an unusual history, as it was proposed and initially ratified by six states in 1789, but then lay dormant for almost 80 years. In the 19th and 20th centuries, a few more states ratified it, but it was largely forgotten. In 1982, a student at the University of Texas, Gregory Watson, wrote a research paper on the topic, which sparked a movement to get the amendment officially ratified. This led to more states ratifying it, and it finally became part of the Constitution in 1992.

The Twenty-Seventh Amendment is often referred to as part of the Bill of Rights, which comprises the first ten amendments to the Constitution. These amendments were proposed by the First Congress on September 25, 1789, and ratified on December 15, 1791. The Bill of Rights includes a range of protections for individual liberties and limits on the powers of the federal government, such as freedom of speech, religion, and the right to bear arms. It also reserves powers to the states and the people that are not specifically delegated to the federal government. The Bill of Rights has been on permanent display in the Rotunda of the National Archives Building in Washington, D.C., since its ratification.

Frequently asked questions

The last Constitutional Amendment passed in the US was the Twenty-seventh Amendment, ratified in 1992.

The Twenty-seventh Amendment, also known as the Congressional Compensation Act of 1789, 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.".

The Twenty-seventh Amendment was proposed in 1789 along with 11 other amendments by the first Congress. It remained dormant for almost 80 years as it was only ratified by 6 states initially. In 1982, a student at the University of Texas wrote a research paper on the amendment, which led to a movement to ratify it.

The Twenty-seventh Amendment has been interpreted as limiting the ability of lawmakers to change their compensation during a government shutdown. For example, the No Budget, No Pay Act proposed in 2012 and 2013, which aimed to prevent lawmakers from being paid during a government shutdown, was not passed due to concerns that it violated the Twenty-seventh Amendment.

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