The Last Constitutional Amendment: A Historical Perspective

The Twenty-seventh Amendment, or the Congressional Compensation Act of 1789, was the last constitutional amendment passed in the United States. It was ratified in 1992, over 200 years after it was first proposed. The amendment addresses congressional pay, stating that any changes to the compensation of members of Congress can only take effect after the next election of the House of Representatives.

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The Twenty-seventh Amendment

The First Congress, which passed the Amendment in 1789, did not attach a time limit for its ratification by the states. The Amendment was initially ratified by six states: Delaware, Maryland, North Carolina, South Carolina, Vermont, and Virginia. In 1873, Ohio ratified the amendment, expressing dissatisfaction with Congress's attempts to increase members' salaries. Wyoming ratified it a century later, in 1978, but the Amendment lay dormant once again until 1982.

In 1982, Gregory Watson, a sophomore at the University of Texas, wrote a paper for a government class in which he discussed the Twenty-seventh Amendment. This paper became the foundation for a movement to curtail political corruption by ratifying the amendment. Watson's work led to a renewed interest in the Amendment, and by May 1992, it was believed that 38 states had ratified it. However, it later came to light that the Kentucky General Assembly had ratified the amendment during its initial month of statehood, making Alabama the 38th state to ratify.

On May 18, 1992, the Archivist of the United States, Don W. Wilson, certified that the amendment's ratification had been completed. The following day, the Twenty-seventh Amendment's certificate of ratification was printed and published in the Federal Register. On May 20, 1992, Congress declared the ratification to be legal, and the Amendment officially became part of the Constitution. As of 2022, 46 states have ratified the Twenty-seventh Amendment, while four have not: Massachusetts, Mississippi, New York, and Pennsylvania.

The Congressional Compensation Act of 1789

The Twenty-seventh Amendment, commonly known as the Congressional Compensation Act of 1789, was one of the first 12 amendments proposed by the first Congress in 1789. Ten of these were ratified in 1791 and became the Bill of Rights. However, the Congressional Compensation Act was not ratified by enough states to come into force at that time.

The Act 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 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 amendment was initially ratified by six states: 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 salaries. Wyoming followed suit in 1978. However, the amendment largely lay dormant until 1982, when Gregory Watson, a student at the University of Texas, wrote a paper on the subject for a political science course. Watson's paper sparked a movement to curtail political corruption by ratifying the amendment, and it was finally ratified in 1992.

Congress pay amendment

The last constitutional amendment passed in the US was the Twenty-seventh Amendment, also known as the Congressional Compensation Amendment or Act of 1789. It was ratified on May 5 or 7, 1992, and it states that any changes to the salary of Congress members cannot take effect until after the next election.

The amendment was first proposed by James Madison, then a Virginia congressman, in the form of a series of resolutions. It was then submitted to the states for ratification by the 1st Congress on September 25, 1789, along with 11 other proposed amendments. By the end of 1791, only six states had ratified the amendment: Delaware, Maryland, North Carolina, South Carolina, Vermont, and Virginia.

The amendment lay dormant for almost 80 years until the nineteenth century when Ohio ratified it in 1873 as a protest against a congressional pay raise. Wyoming followed suit in 1978, but it was not until the mid-1980s to early 1990s that more states began to ratify the amendment, responding to public opposition to congressional pay increases.

The unusual journey of the Twenty-seventh Amendment to becoming part of the Constitution was sparked by undergraduate student Gregory Watson, who wrote a paper in 1982 arguing that the amendment could still be ratified. Watson then launched a nationwide campaign, using $6,000 of his own money, to urge state legislatures to adopt it.

Despite its ratification, the Twenty-seventh Amendment has faced little litigation. Federal courts have ruled that it does not apply to cost-of-living adjustments for Congress members, as these are not considered salary changes.

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The unusual history of the Twenty-seventh Amendment

The Twenty-seventh Amendment, or Amendment XXVII, also known as the Congressional Compensation Act of 1789, is unique in the history of the United States Constitution for its lengthy journey to ratification. It was one of the first 12 amendments proposed by the First Congress in 1789, but it was not ratified until 1992, over 200 years later.

The amendment itself addresses congressional pay, stating that any law that increases or decreases the salary of members of Congress can only take effect after the next election of the House of Representatives. This idea was first discussed during the Philadelphia Constitutional Convention, where Benjamin Franklin argued against public servants receiving salaries, believing it would attract the wrong type of personalities and encourage "selfish pursuits".

The Twenty-seventh Amendment was initially ratified by six states: Delaware, Maryland, North Carolina, South Carolina, Vermont, and Virginia. However, it then lay dormant for almost 80 years. In 1873, Ohio ratified the amendment to express its dissatisfaction with Congress's attempts to increase salaries. Wyoming followed suit in 1978, but it was not until 1982 that the amendment gained new momentum. That year, Gregory Watson, a student at the University of Texas, wrote a paper arguing that the amendment was still "live" and could be added to the Constitution. Watson's campaign gained traction, and by 1992, Michigan became the 38th state to ratify the amendment, finalising its addition to the Constitution.

The Twenty-seventh Amendment's unusual history sparked debates about the validity of its ratification process. Some argued that it deviated from "historic tradition" by not waiting for Congress to consider the ratification's validity. However, from a textual viewpoint, the requirements of Article V were met, and Congress accepted the amendment as valid. This unusual process set a precedent that satisfied both textual and structural arguments surrounding the ratification of constitutional amendments.

The role of the U.S. Supreme Court

The Twenty-seventh Amendment (Amendment XXVII), also known as the Congressional Compensation Act of 1789, is the most recently adopted amendment to the U.S. Constitution. It 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 U.S. Supreme Court is the highest judicial body in the country and plays a crucial role in interpreting and applying the Constitution. The Court has the final say on constitutional matters, and its decisions are binding on all other courts and government entities. Here is a detailed look at the role of the U.S. Supreme Court:

Interpreting the Constitution: The Supreme Court is responsible for interpreting the meaning of the Constitution and determining how it applies to modern situations. The Court's interpretations shape the understanding of constitutional rights and liberties and guide lower courts in their decision-making.

Judicial review: The Supreme Court has the power of judicial review, which means it can examine the actions of the legislative and executive branches of government and determine whether they are constitutional. If the Court finds that a law or action violates the Constitution, it can strike it down, ensuring that all branches of government operate within their designated powers.

Protecting constitutional rights: The Supreme Court safeguards the constitutional rights of individuals and groups. It hears cases involving alleged violations of constitutional rights, such as freedom of speech, equal protection, and due process. The Court's rulings on these cases set precedents that guide lower courts and protect the rights of all Americans.

Resolving interstate disputes: The Supreme Court has original jurisdiction over certain cases, including those that involve disputes between two or more states. This role helps maintain harmony and resolve conflicts that may arise between different states or with the federal government.

Appellate jurisdiction: The Supreme Court has appellate jurisdiction, which means it can hear appeals on almost any case involving constitutional or federal law. This allows the Court to review lower court decisions and correct any misinterpretations or misapplications of the law. The Certiorari Act of 1925 grants the Court discretion in choosing which cases to hear, allowing it to focus on matters of significant legal or constitutional importance.

Setting limits on democratic government: The Supreme Court plays a crucial role in ensuring that the majority cannot infringe on the rights of minorities. It upholds the principle that popular majorities cannot pass laws that harm or take undue advantage of unpopular groups. By enforcing constitutional limits on government power, the Court protects the rights and liberties of all citizens.

In conclusion, the U.S. Supreme Court is a vital guardian of the Constitution and the rights it guarantees. Its role extends beyond merely interpreting the law; it shapes public policy, protects civil liberties, and ensures that all branches of government operate within their constitutional boundaries. The Court's decisions have a profound impact on American society, and its independence and authority are essential to maintaining the integrity of the nation's democratic institutions.

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