Isabella Carter
The United States Constitution was last amended in 1992, with the addition of the Twenty-seventh Amendment (Amendment XXVII). The amendment was first proposed in 1789, along with 11 other amendments, but it was not ratified by enough states to come into force at that time. 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. This amendment was certified by the Archivist of the United States on May 18, 1992, and subsequently declared legal and part of the Constitution by Congress on May 20, 1992.
| Characteristics | Values |
|---|---|
| Date of Amendment | May 5, 1992 |
| Name of Amendment | Twenty-seventh Amendment (Amendment XXVII) |
| Other names | Congressional Compensation Act of 1789 |
| Purpose | To reduce corruption in the legislative branch |
| Mechanism of Amendment | Ratification by 38 states |
| Number of states that have not ratified | 4 (Massachusetts, Mississippi, New York, and Pennsylvania) |
| Legal Status | Certified by the Archivist of the United States on May 18, 1992 |
| Legal Controversy | Yes, due to the time lag between Congressional approval and state ratification |
| Subject Matter | Changes to the compensation of Senators and Representatives |
| Impact | Unclear if it produced any change in congressional behavior |
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What You'll Learn
The 27th Amendment was first proposed in 1789
The 27th Amendment, also known as the Congressional Compensation Act of 1789, was first proposed on September 25, 1789, by the First Congress of the United States. It was one of 12 amendments proposed to the Constitution, along with the Congressional Apportionment Amendment. The 27th Amendment stated 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.
The amendment was initially passed by the House on August 24, 1789, along with 16 other articles of amendment. The proposals then went to the Senate, which made 26 alterations. On September 9, 1789, the Senate approved a package of 12 articles of amendment. A House-Senate committee then convened on September 21, 1789, to resolve differences between the House and Senate proposals, finalizing 12 proposed amendments on September 24, 1789.
The 27th Amendment was not ratified by enough states to come into force with the other amendments, which became the Bill of Rights in 1791. The proposed congressional pay amendment was largely forgotten until 1982, when Gregory Watson, a 19-year-old student at the University of Texas at Austin, wrote a paper claiming that the amendment was still pending ratification. Watson launched a nationwide campaign to complete its ratification, and it was ratified as the 27th Amendment on May 7, 1992, with Michigan becoming the 38th state to do so.
The 27th Amendment is intended to reduce corruption in the legislative branch by allowing the public to remove members of Congress from office before their salaries increase. However, it is unclear whether the amendment has produced any change in congressional behaviour. The amendment's certification by the Archivist of the United States on May 18, 1992, was controversial, as it did not have congressional approval, deviating from the "historic tradition".
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The amendment aimed to reduce corruption in the legislative branch
The Twenty-seventh Amendment to the United States Constitution, which came into effect in May 1992, aimed to reduce corruption in the legislative branch. This amendment, also known as the Congressional Compensation Act of 1789, stipulates 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. In other words, a congressperson's salary increase can only occur after an election, allowing the public to remove members of Congress from office before their salaries increase.
The amendment was proposed by the 1st Congress on September 25, 1789, along with 11 other amendments. While the latter 10 amendments were ratified in 1791 to become the Bill of Rights, the Twenty-seventh Amendment was not ratified by enough states to come into force at that time. The proposed amendment was largely forgotten until the 1980s, when there was significant public disapproval of Congress due to their performance and exorbitant salaries. This led to a nationwide campaign to complete the ratification of the amendment, with five states passing it in 1985.
The amendment gained momentum, and by 1992, it had been ratified by the required 38 states, with Michigan being the 38th state on May 7, 1992. However, it was later discovered that the Kentucky General Assembly had also ratified the amendment during its initial statehood, making Alabama the final state to ratify the amendment. On May 18, 1992, the Archivist of the United States, Don W. Wilson, certified the amendment's ratification, and on May 20, 1992, Congress unanimously accepted it as a valid addition to the Constitution.
The Twenty-seventh Amendment's certification and acceptance sparked some controversy, as Senator Robert Byrd of West Virginia criticised the Archivist for acting without congressional approval. Despite this, the amendment was deemed legally ratified, marking a significant step toward reducing corruption in the legislative branch by giving the public a say in the compensation of their representatives.
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It required an election before a congressperson's salary increase
The 27th Amendment to the US Constitution, which 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," was passed by Congress in 1789 along with the rest of the Bill of Rights. However, it was not ratified by the requisite number of states until 1992, when a college student named Gregory Watson took up the cause and campaigned for its ratification as a class project.
The amendment addresses the issue of congressional compensation, aiming to prevent members of Congress from passing laws to increase their own salaries without first facing the scrutiny of voters in an election. This provision ensures that representatives are held accountable to their constituents and helps to mitigate potential conflicts of interest.
The idea behind this amendment is to promote fairness and transparency in the legislative process. By requiring an election before any salary increase for congresspersons takes effect, the amendment gives voters a say in the matter. It allows the public to evaluate their representatives' performance and decide whether they deserve a pay raise or not.
This amendment also serves as a check and balance on congressional power. It helps prevent members of Congress from abusing their position by unilaterally increasing their compensation without input from the people they represent. The election requirement ensures that any salary adjustments are made with the consent of the governed, reinforcing the democratic principles on which the United States was founded.
The 1992 ratification of the 27th Amendment demonstrates the enduring relevance of the Constitution and the ability of citizens, even more than two hundred years after its drafting, to shape and refine the document that defines their rights and the structure of their government.
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The amendment was ratified by 38 states
The Twenty-seventh Amendment, also known as the Congressional Compensation Act of 1789, was ratified by 38 states and became part of the United States Constitution in May 1992. This amendment was proposed to reduce corruption in the legislative branch by requiring an election before a congressperson's salary increase takes effect. The public can thus remove members of Congress from office before their salaries increase.
The amendment's journey to ratification was long and contentious. It was first submitted to the states for ratification on September 25, 1789, along with 11 other proposed amendments. However, it failed to gain enough support and was largely forgotten until the 1980s when there was a resurgence of interest due to public disapproval of Congress's performance and their exorbitant salaries. A nationwide campaign was launched to secure the necessary three-quarters majority for ratification, as required by Article V of the Constitution.
By 1985, five states had passed the amendment, and the campaign gained momentum. The amendment's certification was a complex process that involved the Archivist of the United States, Don W. Wilson, who declared it legally ratified on May 18, 1992. However, there was some controversy as Senator Robert Byrd of West Virginia criticised Wilson for deviating from the "historic tradition" of waiting for Congress to consider the ratification's validity. Nevertheless, Congress unanimously accepted the amendment as valid on May 20, 1992.
The Twenty-seventh Amendment is unique in that it is the only amendment that was ratified without the simultaneous approval of two-thirds of both Houses of Congress and three-quarters of the states at the time of its proposal. This has led to debates about the legality of its ratification process, with some scholars arguing that there should have been a magic moment of national consensus. Despite these objections, the amendment stands as a testament to the power of political activism and the enduring relevance of the Constitution's framework.
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It was certified by the Archivist of the United States
The 27th Amendment, which was first proposed in 1789, was ratified in 1992 and is the only constitutional amendment to be certified by the Archivist of the United States. The Archivist of the United States Don W. Wilson became the first and only archivist to certify a constitutional amendment. The certification took place in a small ceremony in his office on May 18, 1992, and the Director of the Federal Register signed the certification as a witness.
The Archivist of the United States is responsible for managing the constitutional amendment process. This includes submitting amendments that have been proposed by Congress to the states for ratification, collecting state ratifications, and certifying amendments as part of the Constitution once three-fourths of the states (38 out of 50) ratify them. The Archivist's certification is final and conclusive.
In the case of the 27th Amendment, there was some controversy surrounding the certification. Some members of Congress expressed concern about the legality of an amendment that had been proposed over 200 years prior. They believed that the Archivist should have sought congressional approval before signing the certification. However, Wilson responded that it was unnecessary, as it was the votes by three-fourths of the states that added the amendment to the Constitution, not his signature. Despite this, Congress passed resolutions validating the amendment.
The 27th Amendment, also known as the Congressional Compensation Act of 1789, 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. This amendment was proposed to reduce corruption in the legislative branch by allowing the public to remove members of Congress from office before their salaries increase.
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Frequently asked questions
The Twenty-seventh Amendment (Amendment XXVII) was passed to reduce corruption in the legislative branch. 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 amendment was first proposed in 1789 but was not ratified by enough states to come into force. In 1982, a 19-year-old student named Gregory Watson wrote a paper arguing for its ratification, and a nationwide campaign ensued. By 1992, 38 states had ratified the amendment, and it was certified by the Archivist of the United States on May 18, 1992.
Amending the constitution is a difficult and lengthy process. It requires the support of two-thirds of both Houses of Congress (67 Senators and 292 Representatives) and the ratification of three-quarters of the states (38 states). The amendment's passage faced objections due to the changing political landscape between 1789 and 1992, with some arguing that there was never a "magic moment" of simultaneous approval by Congress and the states.
