Malcolm Rivera
The United States Constitution, written in 1787, is the world's longest-surviving written constitution. Since the Bill of Rights was adopted in 1791, Congress has passed 23 additional amendments to the Constitution, with 27 amendments in total having been ratified. The most recent amendment is the Twenty-seventh Amendment (Amendment XXVII), also known as the Congressional Compensation Act of 1789, which 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.
| Characteristics | Values |
|---|---|
| Date of Last Update | March 6, 1978 |
| Amendment | Twenty-seventh Amendment (Amendment XXVII) or Congressional Compensation Act of 1789 |
| Purpose | To ensure 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 |
| Number of Amendments Proposed | 11,000+ |
| Number of Amendments Ratified | 27 |
| First 10 Amendments | Known as the Bill of Rights, ratified in 1791 |
| Process for Amendments | Proposed and ratified by Congress or a national convention, then ratified by three-fourths of the states |
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What You'll Learn
The Twenty-seventh Amendment
The 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. This amendment was designed to reduce corruption in the legislative branch by allowing the public to remove members of Congress from office before their salaries increase.
Between 1983 and 1992, thirty-three additional states ratified the amendment, and on May 7, 1992, 203 years after its submission to the states, the Twenty-seventh Amendment was finally ratified with its passage by the Michigan State Legislature. The U.S. Senate and House of Representatives adopted concurrent resolutions agreeing that the amendment had been validly ratified, despite the lengthy lapse between its proposal and ratification.
As of 1992, forty-six states have ratified the Twenty-seventh Amendment, while four states have not: Massachusetts, Mississippi, New York, and Pennsylvania.
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The Bill of Rights
The United States Constitution has been updated several times since it was first enacted in 1787. The process of amending the Constitution is outlined in Article Five, which requires amendments to be properly proposed and ratified before becoming operative. The most recent amendment is the Twenty-Seventh Amendment, which was proposed in 1789 and ratified in 1992. This amendment addresses congressional compensation and 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.
Now, let's focus on the Bill of Rights.
Additionally, the Ninth Amendment and Tenth Amendment emphasize that the enumeration of certain rights in the Constitution does not deny or disparage other rights retained by the people. The Tenth Amendment further clarifies that powers not delegated to the federal government by the Constitution are reserved for the states or the people.
The concepts and principles enshrined in the Bill of Rights were influenced by earlier documents such as the Virginia Declaration of Rights, the English Bill of Rights, the Magna Carta, and the Northwest Ordinance. The Bill of Rights has played a significant role in shaping American law and continues to protect the natural rights, civil liberties, and state powers outlined within it.
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The Reconstruction Amendments
The 13th Amendment, ratified in 1865, abolished slavery and involuntary servitude throughout the United States, except as punishment for a crime. It was proposed in 1864 and swiftly ratified by all but three Union states: Delaware, New Jersey, and Kentucky.
The 14th Amendment, ratified in 1868, addresses citizenship rights and equal protection under the law for all persons. It defines all people born in the United States as citizens, requires due process of law, and ensures equal protection for all. Thaddeus Stevens, the Republican floor leader in the House of Representatives, was a key advocate for this amendment. Born during George Washington's administration, Stevens had a long career dedicated to the struggle against slavery and for equal rights for Black Americans.
The 15th Amendment, ratified in 1870, prohibits federal and state governments from denying a citizen's right to vote based on race, colour, or previous condition of servitude. It was the last of the Reconstruction Amendments and was proposed in 1869. This amendment was important as, by 1869, voting rights had been restricted in all states to white men.
The process of amending the United States Constitution is outlined in Article Five. Amendments must be properly proposed and ratified before becoming operative. They can be proposed by a two-thirds majority in both the Senate and the House of Representatives or by a national convention called by Congress on the application of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
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The process of amending the Constitution
The United States Constitution has been amended 27 times since it was drafted in 1787. The process of amending the Constitution is outlined in Article Five of the Constitution and consists of two steps: proposing and ratifying an amendment. This process aims to balance the need for change with the need for stability.
An amendment can be proposed in two ways. Firstly, it can be proposed by the US Congress when a two-thirds majority in both the Senate and the House of Representatives deem it necessary. Secondly, it can be proposed by a national convention called by Congress upon the application of two-thirds of state legislatures (34 since 1959). However, this option has never been used.
Once an amendment is proposed, it is sent to the states for ratification. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many duties associated with this function to the Director of the Federal Register. The amendment must be ratified by three-fourths of the states (38 out of 50) to become part of the Constitution. This can be achieved through the legislatures of three-fourths of the states or by a different method determined by Congress.
Upon receiving official notice of a proposed amendment's adoption, the Archivist, along with the Director of the Federal Register, follows established procedures and customs to certify the amendment. This certification includes specifying the states that have adopted the amendment and proclaiming its validity as part of the Constitution. The certification is published in the Federal Register and US Statutes at Large, serving as official notice to Congress and the nation.
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Judicial interpretation of existing laws
The US Constitution has been updated several times since it was first put into operation on March 4, 1789. Thirty-three amendments have been proposed, and twenty-seven of those have been ratified. The most recent amendment is the Twenty-Seventh Amendment, which was proposed in 1789 and ratified in 1992.
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation, and frequently used vocabulary. This is an important issue in common law jurisdictions such as the United States, where the Supreme Court can overturn laws made by legislatures via judicial review. The methods used to interpret the law can have a significant impact on the outcome of a case.
One approach to judicial interpretation is textualism, which interprets the law based on the ordinary meaning of the legal text. An example of this is Bostock v. Clayton County, where both the majority opinion and the dissents adopted a textualist approach. The difference lay in whether a narrow and literal interpretation or an ordinary meaning interpretation should be used.
Another principle of judicial interpretation is stare decisis, or precedent, where judges decide a case by looking to the decision of a previous and similar case. An example of this is Justice Hugo Black's argument that the First Amendment's wording means that Congress shall make no law, with no exceptions.
Judicial interpretation also involves balancing one set of interests or rights against another. This approach has been criticized by some, who argue that the Constitution does not provide guidance on how to weigh or measure divergent interests. An example of this type of interpretation is in cases involving freedom of speech, where justices must distinguish between legally permissible speech and speech that can be restricted or banned for reasons of safety.
The Court also tries to avoid an interpretation that would raise doubts about a statute's constitutionality. For example, Congress must strongly signal its intent if it wishes to apply a statute retroactively or override existing law.
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Frequently asked questions
The last time the US Constitution was updated was in 1978, when Wyoming ratified the Congressional Compensation Act of 1789, also known as the Twenty-seventh Amendment.
The Twenty-seventh 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.
Amendments must be proposed and ratified before becoming operative. An amendment may be proposed by the US Congress, if a two-thirds majority in both the Senate and the House of Representatives deem it necessary, or by a national convention called by Congress on the application of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of state legislatures or three-fourths of state conventions, as determined by Congress.
Since the Bill of Rights was adopted in 1791, Congress has passed 23 additional amendments to the Constitution, of which 17 have been ratified by the requisite number of states. In total, there have been 27 amendments to the Constitution.
