The Shadow
Twenty-Seventh Amendment
The U.S. Constitution is a revolutionary document which has inspired other nations in drafting their own Constitutions.
Unbeknownst to some, the current Constitution wasn’t the first governing document of the United States after gaining independence.
The Articles of Confederation served as the country’s first Constitution.
Following ratification of the Articles in 1781, our young republic struggled. Under the system, there was no strong president nor three branches of government.
Congress, under the Articles, allowed each State one vote. 9 of 13 votes were needed in order to pass measures. Each State could send 2-7 delegates to serve but the various States each had only one vote.
In 1787, a convention assembled to address changes to the Articles. However, the convention created a new document, ceding power to a central government.
Subsequently, Amendments to the new Constitution were made in order to convince States to ratify it.
The First Amendment protects freedom of speech, press, assembly, and religion.
The Second Amendment affirms the right to bear arms.
The remaining first ten Amendments include prohibitions on warrantless searches, restrictions on cruel and unusual punishments and limitations on the federal government.
While the first ten Amendments served as building blocks, Congress and the States continued to strengthen the Constitution with additional Amendments.
The Twelfth Amendment clarified the Electoral College process.
After the Civil War, the States adopted the Thirteenth, Fourteenth and Fifteenth Amendments. These gave freedom to slaves and paved the way for the civil rights movement.
Other Amendments include popular election of U.S. Senators (Amendment 17), prohibition of alcohol (Amendment 18), the subsequent repeal of the alcohol prohibition (Amendment 21) and the institution of a two-term limit on the U.S. Presidency (Amendment 22).
In total, there are 27 Amendments in the Constitution.
Currently there is a legal case pertaining to the Twenty-Seventh Amendment.
The 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.”
Simply put, pay adjustments for Members of Congress couldn’t take effect until after the next election.
Interestingly, this Amendment dates back to 1789 when James Madison proposed it with the Bill of Rights Amendments.
Back then, there was strong debate over Congressional compensation.
Benjamin Franklin argued that public servants shouldn’t get paid at all.
Others countered that barring salaries for Members of Congress would be disastrous for government, reserving elected office for only the wealthy.
Congress passed the Amendment in 1789, but the States failed to ratify it right away. Unlike other Amendments, the Twenty-Seventh Amendment didn’t have a restriction on the time it had to be adopted by the States.
For nearly two centuries, the Amendment sat unratified. Meanwhile, Congress passed different laws adjusting the salaries of Members.
In 1982, a University of Texas student wrote a paper on the topic, arguing that the Amendment still had potential to be ratified.
Gregory Watson was shocked to see his government professor grade his paper a C.
The grade motivated Watson to launch a nationwide lobbying campaign. He persuaded state legislatures to consider the Amendment’s ratification.
At last in 1992, the threshold for ratification was met! The Twenty-Seventh Amendment is the newest Amendment.
Despite ratification, some have argued Congress has failed to adhere to the Amendment.
In the Ethics Reform Act of 1989, Congress passed legislation establishing formulas for automatic adjustments to Congressional salaries based on the cost-of-living in lieu of Members receiving payment for speeches and continuous fights over proper Congressional salaries.
However, since 2009, the Ethics Reform Act, with the adjustment formulas for Congressional pay, has routinely been suspended.
That is why there is current legal action pending by some current and former Members of Congress arguing there has been a violation of the Twenty-Seventh Amendment.
The Ethics Reform Act hasn’t been repealed and suspensions have been effectuated without an intervening election.
I anticipate a court decision will be issued sometime this summer.
Interestingly, the Ethics Reform Act also affected federal judges’ pay. An earlier suit by the judges arguing their pay was improperly withheld was successful.
On Congressional pay, the old debate rages on. It is the same old argument.
Should Congressmen receive a wage that encourages the best to run for office, and avoid temptations for corruption? Or should it be a job that is done with service to the country as the motivation?
This summer, due to the Twenty-Seventh Amendment of the Constitution, the Courts will weigh in on this issue. Stay tuned – it should be interesting.
If you have questions, concerns, or comments, feel free to contact my office. You can call my Abingdon office at 276-525-1405 or my Christiansburg office at 540-381-5671. To reach my office via email, please visit my website at www.morgangriffith.house.gov.
P.S. Gregory Watson’s grade was changed to an A.
