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What is the 27th Amendment in the Constitution?

Published in Congressional Pay 4 mins read

The 27th Amendment to the U.S. Constitution, uniquely ratified over two centuries after its initial proposal, prevents members of Congress from adjusting their own salaries during their current term in office.

Understanding the 27th Amendment

The core purpose of the 27th Amendment is to prevent conflicts of interest by ensuring that any change to the compensation of Senators and Representatives does not take effect until after the next election. This means that a congressional body cannot vote itself an immediate pay raise (or decrease); any such adjustment will only apply to the next congressional term, after an election has taken place.

The official text of the 27th Amendment is concise and clear:
"No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened."

This provision directly addresses concerns about legislators potentially using their power to enrich themselves without immediate accountability to the electorate. By delaying the effective date of any pay changes, the amendment ensures that voters have an opportunity to express their approval or disapproval of such decisions at the ballot box.

A Brief History of Its Unprecedented Ratification

The journey of the 27th Amendment to ratification is one of the most remarkable stories in American constitutional history:

  • Initial Proposal: It was originally proposed by James Madison on September 25, 1789, as one of twelve amendments sent to the states for ratification, along with what would become the Bill of Rights. Ten of these twelve were ratified relatively quickly, but this particular amendment and another (regarding the apportionment of representatives) were not.
  • Long Dormancy: The amendment remained largely forgotten for nearly two centuries, ratified by only six states by 1791.
  • Modern Revival: In 1982, a university student, Gregory Watson, rediscovered the amendment while doing research for a government class paper and championed its ratification. His initiative, initially met with skepticism, gained unexpected momentum over the next decade.
  • Final Ratification: On May 7, 1992, Michigan became the 38th state to ratify the amendment, officially incorporating it into the U.S. Constitution after 202 years, 7 months, and 10 days since its proposal.

This extraordinary timeline highlights the enduring nature of constitutional principles and the power of civic engagement, even across generations.

How the Amendment Works in Practice

The practical application of the 27th Amendment is straightforward:

  • Any vote by Congress to change the salary of its members, whether an increase or a decrease, will not go into effect immediately.
  • The change must wait until after the next federal election for the House of Representatives has occurred.
  • This mechanism means that members of Congress who vote for a pay change will be subject to public scrutiny and potential electoral consequences before they personally benefit from (or are affected by) the change.

For example, if Congress were to vote for a pay raise in an odd-numbered year, that raise would not apply to any current member until after the next general election the following year. This lag ensures a layer of accountability that might otherwise be absent.

Key Facts About the 27th Amendment

Here’s a summary of essential information regarding this pivotal amendment:

Feature Description
Purpose To prohibit Congress from raising or lowering its own pay until the start of the next term for Representatives, ensuring electoral accountability.
Official Text "No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened."
Proposed September 25, 1789, by James Madison (as part of the original Bill of Rights package).
Ratified May 7, 1992 (Michigan was the 38th state to ratify).
Significance Holds the record for the longest ratification period of any amendment in U.S. Constitutional history, spanning over two centuries. It underscores a fundamental principle of government accountability.

The Impact on Congressional Accountability

The 27th Amendment plays a vital role in maintaining the integrity of the legislative branch:

  • Enhances Public Trust: By preventing immediate pay adjustments, it fosters greater public confidence in Congress, as it demonstrates a commitment to public service over personal gain.
  • Promotes Fiscal Responsibility: It encourages legislators to consider the broader economic implications of their compensation decisions, knowing that voters will have a chance to respond.
  • Strengthens Checks and Balances: The amendment serves as an implicit check on congressional power, reinforcing the idea that elected officials are ultimately accountable to the people they represent.
  • Symbolic Importance: Its unique journey to ratification serves as a powerful reminder of the enduring principles enshrined in the U.S. Constitution and the vigilance required to uphold them.

This amendment stands as a testament to the idea that governmental power should always be exercised with a mindful eye toward public accountability.