Amendment History: The 27Th Law's Journey To Enactment

The 27th Amendment, also known as the Congressional Compensation Act of 1789, became law on May 7, 1992, when Michigan approved it. The amendment was first proposed on September 25, 1789, and it was one of the first proposed amendments to the US Constitution. The 27th Amendment states 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.

The 27th Amendment's 202-year ratification period

The 27th Amendment, also known as the Congressional Compensation Act of 1789, was proposed by the 1st Congress on September 25, 1789, along with 11 other amendments. The amendment states 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.

The 27th Amendment had a long and winding road to ratification. Initially, it was forgotten after being ratified by only six states (Delaware, Maryland, North Carolina, South Carolina, Vermont, and Virginia) and lay dormant for almost 80 years. In 1873, Ohio ratified the amendment to express its dissatisfaction with Congress's attempts to increase their salaries. The amendment then lay dormant again for nearly a century until Wyoming ratified it in 1978.

In 1982, the amendment gained new life when Gregory Watson, a 19-year-old undergraduate student at the University of Texas at Austin, wrote a paper arguing that the amendment could still be ratified. Watson received a "C" grade for his paper, but this did not deter him. He launched a nationwide campaign to complete the amendment's ratification, using $6,000 of his own money to sponsor his efforts.

As a result of Watson's campaign, numerous states ratified the amendment, with some even reaffirming their centuries-old ratifications. On May 5, 1992, the 38 states required for ratification were achieved, and the amendment was certified by the Archivist of the United States, Don W. Wilson, on May 18, 1992, more than 202 years after its original proposal.

The long ratification period of the 27th Amendment is a unique chapter in American constitutional history. It highlights the enduring nature of the nation's founding document and the power of individuals, like Gregory Watson, to make a significant impact on the nation's laws and political landscape.

The Congressional Compensation Act of 1789

The Twenty-seventh Amendment, also known as the Congressional Compensation Act of 1789, was proposed on September 25, 1789, by Representative James Madison of Virginia. It was one of 12 amendments proposed by the first Congress and was intended to be added to the end of Article I, Section 6, Clause 1 of the Constitution.

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. The idea behind this amendment was to reduce corruption in the legislative branch by allowing the public to remove members of Congress from office before their salaries increased.

The amendment was initially ratified by seven states through 1792, including Kentucky. However, it was then largely forgotten and was not ratified by another state for 80 years. In 1873, the Ohio General Assembly ratified the amendment in protest of an unpopular Congressional pay raise. A century later, in 1978, the Wyoming Legislature also ratified the article.

In 1982, the amendment gained new life when Gregory Watson, a 19-year-old undergraduate student at the University of Texas at Austin, wrote a paper arguing that the amendment was still "live" and could be ratified. Watson launched a nationwide campaign to complete its ratification, using $6,000 of his own money to sponsor his efforts. As a result of Watson's campaign, numerous states ratified the amendment, with some reaffirming it despite having affirmed it centuries earlier.

On May 7, 1992, Michigan became the 38th state to ratify the amendment, resulting in its certification. The amendment was subsequently ratified by New Jersey, Illinois, California, Rhode Island, Hawaii, Washington, and Nebraska. The Twenty-seventh Amendment's certification was signed by the Archivist of the United States, Don W. Wilson, on May 18, 1992, completing a record-setting ratification period of 202 years, 7 months, and 10 days.

The 27th Amendment's certification

The 27th Amendment, also known as the Congressional Compensation Act of 1789, was submitted to the states for ratification on September 25, 1789, alongside 11 other proposed amendments. However, it was not ratified until much later and became part of the United States Constitution on May 5, 1992, marking an unprecedented 202-year ratification period.

The amendment, which states that any law changing the salary of members of Congress can only take effect after the next election of the House of Representatives, aims to reduce corruption in the legislative branch. This allows the public to remove members of Congress from office before their salaries increase.

The long journey towards the 27th Amendment's certification began with its proposal by Representative James Madison of Virginia on June 8, 1789. After deliberation by a committee and the full House, it was passed along with 16 other articles of amendment on August 24, 1789. The proposals then went to the Senate, which made 26 alterations before approving a package of 12 articles of amendment on September 9, 1789.

A House-Senate conference committee was convened to resolve differences, and on September 25, 1789, 12 proposed amendments, including what would become the 27th Amendment, were sent to the states for their consideration. By 1792, seven states had ratified the amendment, but it was largely forgotten until 1982.

In 1982, Gregory Watson, a 19-year-old student at the University of Texas at Austin, wrote a paper arguing that the amendment could still be ratified and later launched a nationwide campaign to complete its ratification. Watson's efforts, along with those of other individuals and state legislatures, eventually led to the required number of states ratifying the amendment.

On May 7, 1992, Michigan became the 38th state to ratify the amendment, resulting in its certification. However, it was later discovered that Kentucky had actually ratified the amendment in 1792, making Alabama the final state needed for its addition to the Constitution.

On May 18, 1992, the Archivist of the United States, Don W. Wilson, certified the amendment's ratification. This certification was published in the Federal Register on May 19, 1992, and was followed by a concurrent resolution from Congress agreeing that the amendment was validly ratified. Thus, the 27th Amendment officially became part of the United States Constitution, concluding its unique and lengthy journey to certification.

Cost-of-living adjustments

The 27th Amendment, or the Congressional Compensation Act of 1789, became law on May 5, 1992, after a record-setting ratification period of 202 years, 7 months, and 10 days.

Congressional COLA has been upheld against legal challenges based on the 27th Amendment. In Boehner v. Anderson, the United States Court of Appeals for the District of Columbia Circuit ruled that the first COLA was constitutional because it took effect after the election. The court did not rule on the broader constitutionality of COLAs.

In Schaffer v. Clinton, the United States Court of Appeals for the Tenth Circuit ruled that members of Congress did not have standing in federal court to challenge COLAs. This ruling explicitly disagreed with the decision in Boehner v. Anderson.

The purpose of COLA is to ensure that the purchasing power of Social Security and Supplemental Security Income (SSI) benefits is not eroded by inflation. It is based on the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). Congress enacted the COLA provision as part of the 1972 Social Security Amendments, and automatic annual COLAs began in 1975.

The 2.5% COLA for 2025 will increase Social Security and SSI benefits for 72.5 million Americans.

The No Budget, No Pay Act

The 27th Amendment, also known as the Congressional Compensation Act of 1789, became law on May 5, 1992, after a record-setting ratification period of over 202 years. This amendment states 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.

The bill received limited bipartisan support, but it was seen as unlikely to be voted on due to congressional division. Some members of Congress opposed the bill, arguing that it might violate the 27th Amendment, which prohibits laws that vary the compensation of Senators and Representatives until the next election. Despite the support the bill garnered, it did not pass, and the Supreme Court has not addressed its constitutionality.

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