Omar Bennett
The 27th Amendment of the U.S. Constitution, also known as the congressional pay amendment, places restrictions on Congress's ability to increase their salaries. The amendment 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. This means that any changes to the salaries of Congress members will not come into effect until after the next election, preventing them from raising their salaries right before getting voted out of office. The 27th Amendment's history and ratification process were long and complex, reflecting concerns about state influence on congressional salaries and the potential for corruption.
| Characteristics | Values |
|---|---|
| Who decides the level of compensation for Congress members? | Congress decides the level of compensation, and the President signs off on the salary laws. |
| Who pays Congress members? | The Federal Government pays Congress members from the Federal Treasury. |
| Who regulates Congress members' salaries? | The Constitution includes checks on Congress' power to regulate member salaries. The President can veto pay bills. |
| When can Congress members' salaries be changed? | The 27th Amendment prohibits salary changes for members of Congress until after an election of representatives. |
| Who proposed the 27th Amendment? | On September 25, 1789, James Madison proposed the text that would become the 27th Amendment to Congress as one of twelve amendments, ten of which the states quickly ratified and comprise the Bill of Rights. |
| When was the 27th Amendment ratified? | The states ratified the 27th Amendment on May 7, 1992. |
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What You'll Learn
The 27th Amendment
The history of the 27th Amendment dates back to the early days of the United States. On September 25, 1789, James Madison, a congressman from Virginia, proposed the text that would become the 27th Amendment. It was one of twelve amendments presented to Congress, ten of which were quickly ratified and became the Bill of Rights. However, the 27th Amendment, or the "congressional pay amendment," faced a long and arduous journey to ratification.
Initially, only six states ratified the amendment between 1789 and 1791, while five states rejected it. The amendment lay dormant for many years until 1873, when Ohio ratified it in response to the controversial "Salary Grab Act." It wasn't until the 1980s that the amendment gained new life, thanks to the efforts of an aide to a Texas legislator who started a movement for its ratification. In 1983, Colorado and Maine ratified the amendment, followed by Michigan in 1992, which became the 38th and final state needed for the amendment to become part of the Constitution.
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Congressional pay raises
The Framers of the Constitution intended to prevent the kind of corruption they perceived in English politics, where constituents paid their representatives' wages, leading to a vote-buying system. They wanted to ensure that members of Congress were compensated fairly and worked for the nation as a whole, rather than individual states or special interests. As a result, the Constitution established that congressional salaries would come from the federal treasury, with Congress setting the amount.
Despite these measures, concerns about congressional pay raises have persisted. There have been instances where Congress approved a pay raise, only to rescind it due to public outcry. Additionally, some have argued that increasing congressional salaries would make the position more accessible to individuals from lower socioeconomic backgrounds and reduce the influence of lobbyists and PACS. On the other hand, constituents remain skeptical of congressional pay increases, and members of Congress are often reluctant to vote for them.
The 27th Amendment, which addresses congressional pay raises, had a long and unusual journey to ratification. Initially proposed by James Madison in 1789, it was ratified by only six states and rejected by five. It lay dormant for many years until the 1980s when an aide to a Texas legislator rediscovered it and started a movement for its ratification. Finally, in 1992, Michigan became the 38th state to ratify the amendment, officially adding it to the Constitution.
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Congress pay legislation
The 27th Amendment, also known as the "congressional pay amendment," places limits on changes to Congressional salaries. It 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, Congress can increase or decrease their salaries, but these changes will not come into effect until the next session of Congress.
The history of the 27th Amendment is long and complex. It was first proposed by James Madison in 1789 as one of twelve amendments, ten of which were quickly ratified and became the Bill of Rights. However, the 27th Amendment was not ratified until 1992, more than 200 years later, when Michigan became the 38th state to ratify it. The amendment was a response to concerns about the state's role in setting Congressional salaries, which could lead to a vote-buying system and influence the pool of candidates running for office. The Framers wanted to prevent abuses of power and ensure that Members of Congress were compensated for their services to the nation as a whole.
Congressional pay raises have been a controversial issue throughout history, with members of the public often skeptical of salary increases for their representatives. There have been several notable instances where Congress approved a pay raise but then rescinded it due to public outcry. For example, in 1817, Congress voted to switch from a per diem to an annual salary, but the law was repealed due to public opposition. Similarly, in 1873, Congress enacted a substantial pay raise for civil servants, including themselves, which was dubbed the "Salary Grab Act" and became a major issue in the congressional elections that year.
Today, Congress still decides on the level of compensation for its members, with the President signing off on the salary laws. However, the 27th Amendment ensures that any changes in compensation do not take effect until after an election of representatives has occurred, preventing members of Congress from increasing their salaries right before getting voted out of office.
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Salary Grab Act
The 27th Amendment of the US Constitution, also known as the "Congressional Pay Amendment", limits changes to Congressional salaries. It 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, these changes will not come into effect until the next session of Congress. This amendment was proposed by James Madison in 1789, and ratified by the states on May 7, 1992.
The Salary Grab Act, officially known as the Legislative, Executive, and Judicial Expenses Appropriation Act, was passed by the United States Congress on March 3, 1873, during the final days of the 42nd Congress. It sparked controversy among members of the government, the general public, and the press. The Act included a 50% salary increase for the president, members of Congress, and Supreme Court Justices, retroactive to the beginning of their term. The public outcry led Congress to rescind the congressional salary increase, and the episode was seen as an example of government corruption.
The idea of increasing salaries for government officials was conceived in the normal course of congressional business and was first introduced on February 7, 1873, in the House Judiciary Committee, chaired by Benjamin Butler, a Stalwart Republican from Massachusetts. The proposal for a salary increase was fueled by what was considered low pay for members of the government, while the salary for the president had remained unchanged since George Washington's time.
Both Houses acted immediately and passed the conference bill; the House by a 102-95 vote, and the Senate by a 36-27 vote. President Ulysses S. Grant signed the bill into law on March 3, 1873, the final day of the 42nd Congress. The proposed salary increase in congressional salaries became a controversial issue, with newspapers characterizing the pay raise as the "Salary Grab Act" or "Salary steal", associating it with the recent Crédit Mobilier scandal and accusing the governing Republican majority in Congress of perpetuating an atmosphere of corruption.
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Compensation Clause
The 27th Amendment of the US Constitution, also known as the "congressional pay amendment," addresses the issue of restraining congressional salaries. 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." In other words, while senators and representatives have the authority to increase or decrease their salaries, any changes will only come into effect after the next election. This amendment ensures that Congress members cannot increase their salaries right before an election or right before leaving office.
The history of the 27th Amendment and the Compensation Clause dates back to the early days of the US Constitution. During the Constitutional Convention, the Framers sought to establish a system of salary protection for judges to promote judicial independence. They proposed that judges receive fixed compensation for their services, with no increases or decreases during their tenure. However, the prohibition on judicial salary increases was later removed, allowing Congress to adjust judicial pay according to changing circumstances.
The Compensation Clause, as highlighted by Alexander Hamilton in the Federalist Papers, emphasizes the importance of a fixed provision for the support of judges. Hamilton argued that a power over a person's subsistence amounts to a power over their will, and thus, ensuring a fixed salary contributes to the independence of judges. Chief Justice John Marshall also asserted the need for judicial independence to protect the rights of all citizens, regardless of their popularity.
The 27th Amendment and the Compensation Clause have undergone a long and complex journey to become part of the US Constitution. Initially proposed by James Madison in 1789 as one of twelve amendments, it took over 200 years for the 27th Amendment to be ratified by the required number of states. The final ratification by Michigan in 1992 marked the inclusion of the amendment in the Constitution, setting clear guidelines for changes in Congressional salaries.
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Frequently asked questions
The 27th Amendment, also known as the "congressional pay amendment," prohibits salary changes for members of Congress until after an election of representatives. This amendment limits changes to Congressional salaries.
The 27th Amendment states: "No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened."
James Madison, a congressman from Virginia, proposed the text for the 27th Amendment to Congress on September 25, 1789. The states ratified the amendment on May 7, 1992, more than 200 years after its initial proposal.
Arguments for increasing the salary for members of Congress include making the position more accessible, especially for people from lower socioeconomic backgrounds, and making members of Congress more impervious to corruption, as a higher income would diminish the effectiveness of bribes from lobbyists and PACS.
