This article is written by Yash Jha of 1st Semester of Dharmashashtra National Law University, Madhya Pradesh
ABSTRACT
The 27th Amendment to the United States Constitution may seem like a minor provision, but its impact on American democracy cannot be overstated. By prohibiting Congress from raising its own pay during the same term of office, the amendment helps to prevent conflicts of interest and ensure that elected officials are accountable to the people they represent. It also underscores the importance of transparency and trust in government, particularly in a political climate where corruption and abuse of power are major concerns. The 27th Amendment’s ratification in 1992, more than 200 years after its original proposal, is a testament to the enduring relevance of the principles of democracy and public service that underlie the United States Constitution.
KEYWORDS
United States Constitution, Congress, Pay raise, Ratification, Accountability
INTRODUCTION
The 27th Amendment to the United States Constitution is a relatively lesser-known amendment, but its significance should not be underestimated. It 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.” This amendment was originally proposed along with the Bill of Rights in 1789 but was not ratified by the required number of states until 1992, making it the most recently ratified amendment to the US Constitution. The amendment’s purpose is to prevent members of Congress from voting themselves pay raises during their current term. It serves as a protection against potential abuses of power, ensuring that members of Congress cannot make self-serving decisions that benefit their own financial interests at the expense of the public.
While the 27th Amendment may seem like a small detail in the larger context of the US Constitution, it serves as a crucial safeguard against corruption and self-dealing. Its ratification after such a long period of time also speaks to the importance of perseverance and the power of grassroots movements, as it was ultimately ratified due to the efforts of a college student who revived interest in the amendment in the 1980s. Overall, the 27th Amendment serves as a critical reminder that even seemingly small details can have significant impacts on the functioning of our government and the protection of our democracy.
HISTORICAL CONTEXT
The 27th Amendment to the United States Constitution prohibits any law that increases or decreases the salary of members of Congress from taking effect until the start of the next set of terms of office for representatives. The amendment was originally proposed as part of the Bill of Rights in 1789, but it took over 200 years to be ratified. The lengthy ratification process of the 27th Amendment is significant because it reflects the difficulty of amending the Constitution and the complex political dynamics involved in doing so.
The Bill of Rights was introduced by James Madison[1] in 1789, and it consisted of ten amendments intended to protect individual liberties and limit the power of the federal government. The 27th Amendment was initially proposed as part of this package, alongside the first nine amendments, but it failed to gain the necessary support for ratification at the time.Over the following two centuries, the 27th Amendment was largely forgotten, and it was not until the 1980s that it was rediscovered by a college student named Gregory Watson[2]. Watson wrote a paper on the amendment for a government class, arguing that the amendment was still viable and could be ratified by the necessary number of states. This sparked a grassroots movement to support the amendment, and it was eventually ratified by the necessary number of states in 1992.
The lengthy process of ratifying the 27th Amendment is significant because it illustrates the challenge of amending the Constitution. Amending the Constitution requires a two-thirds majority vote in both the House of Representatives and the Senate, followed by ratification by three-fourths of the states. This process is intentionally difficult to ensure that changes to the Constitution are well-considered and have broad-based support.
The 27th Amendment also highlights the important role that citizens can play in the amendment process. Without the efforts of Gregory Watson and the grassroots movement that formed around his idea, it is unlikely that the amendment would have been ratified. This demonstrates that the amendment process is not solely the domain of elected officials, but that citizens can also play an active role in shaping the Constitution.
IMPACT ON GOVERNMENT
The 27th Amendment to the US Constitution prohibits any changes to the salaries of members of Congress from taking effect until after the next election. This amendment was proposed in 1789 as part of the original Bill of Rights, but it was not ratified until 1992. Although the amendment has been referred to as a “housekeeping” amendment because of its technical nature, it has had a significant impact on the way that government operates. By tying the salaries of members of Congress to election cycles, the amendment has helped to reduce the potential for corruption and abuse of power. It ensures that members of Congress cannot vote to give themselves pay raises during their current term, which could be seen as a conflict of interest.
Furthermore, the amendment has also helped to improve the relationship between elected officials and the public. Since the salaries of members of Congress are tied to election cycles, they are more accountable to their constituents. If they want to receive a pay raise, they must first win re-election, which means that they must maintain a good reputation with the public and work to serve their needs.
The 27th Amendment may have initially seemed like a small and insignificant change to the Constitution, but it has had a significant impact on government operations and the relationship between elected officials and the public. It has helped to reduce the potential for corruption and abuse of power, while also making members of Congress more accountable to their constituents.
ROLE OF CITIZEN ACTIVISM
The ratification of the 27th Amendment to the United States Constitution is a remarkable example of the power of grassroots activism and citizen engagement in effecting political change. This amendment, which prohibits members of Congress from giving themselves pay raises during the same term, was initially proposed in 1789 but took over two centuries to be ratified in 1992.The long and convoluted history of this amendment illustrates how ordinary citizens can play a critical role in shaping the political landscape. The initial proposal was part of the original Bill of Rights, but it failed to get ratified along with the other amendments. Despite numerous attempts to revive the amendment, it remained in limbo for nearly two centuries until a group of college students took up the cause.
In the 1980s, Gregory Watson, a student at the University of Texas, stumbled upon the long-forgotten amendment while researching a paper on the Constitution. Watson became convinced that the amendment was still viable and that it deserved to be ratified. He wrote a paper on the subject and sent it to every state legislator in the country, urging them to take action.
Watson’s efforts sparked a grassroots movement that quickly gained momentum. Citizens across the country began lobbying their state legislators to ratify the amendment. They organized letter-writing campaigns, held rallies and protests, and even went on hunger strikes to draw attention to their cause. Their efforts paid off when Michigan became the first state to ratify the amendment in 1992[3], followed by several others.The ratification of the 27th Amendment is a powerful reminder that ordinary citizens can have a significant impact on the political process. The persistence and dedication of the grassroots activists who fought for this amendment demonstrate that even seemingly impossible goals can be achieved through sustained citizen engagement.
Moreover, the 27th Amendment serves as a crucial safeguard against the abuse of power by members of Congress. By preventing lawmakers from giving themselves pay raises during their current term, the amendment helps to ensure that elected officials are accountable to their constituents rather than their own self-interest. This is a crucial aspect of a healthy and functioning democracy. The ratification of the 27th Amendment is a testament to the power of citizen activism and the importance of grassroots engagement in shaping political change. It shows that even the most seemingly obscure and forgotten issues can be revived and made relevant through the efforts of dedicated individuals who are willing to fight for what they believe in. Furthermore, the amendment itself serves as a vital safeguard against corruption and the abuse of power in the highest levels of government.
COMPARATIVE ANALYSIS
The 27th Amendment of the United States Constitution is a relatively obscure provision that prohibits any law that increases or decreases the salary of members of Congress from taking effect until after the next election. While this amendment may seem trivial or irrelevant to some, it has an important symbolic significance in American politics. It reflects a longstanding tradition of public skepticism and concern about the financial interests of elected officials, and it underscores the unique features of the American political system that differentiate it from other countries.
One way to explore these unique features is to compare and contrast the provisions related to the compensation of elected officials in the United States with those of other countries. This can reveal important differences in the way that different societies conceptualize the role of government and the relationship between citizens and their representatives. For example, in many countries, elected officials are compensated at levels that are significantly higher than those of the average citizen. This reflects a belief that public service is a valuable and important profession that should be rewarded with commensurate compensation. In contrast, the United States has historically been more skeptical of the financial incentives that come with public service, and has placed greater emphasis on the idea that elected officials should be motivated by a sense of duty and a commitment to the public good, rather than by personal financial gain.
One example of this can be seen in the way that the salaries of elected officials are determined in the United States. Unlike in many other countries, where elected officials are paid based on a formula that takes into account factors such as the cost of living, the salaries of other government employees, and the level of responsibility and expertise required for the job, in the United States, the salaries of elected officials are determined by Congress itself. This has led to a long history of political wrangling and public debate over the appropriate level of compensation for members of Congress and has contributed to a perception that elected officials are overly focused on their own financial interests.
Another important difference between the United States and other countries is the way that the 27th Amendment is structured.[4] In many other countries, the constitution includes provisions that set specific limits on the compensation of elected officials, or that require salaries to be adjusted automatically based on certain factors such as inflation or economic growth. In contrast, the 27th Amendment does not set any specific limits on the compensation of members of Congress but simply requires that any changes in compensation be delayed until after the next election.
CONCLUSION
This reflects a belief in the United States that elected officials should be held accountable to the voters for their performance in office, and that any changes to their compensation should be subject to public scrutiny and debate. It also reflects a belief that the compensation of elected officials should not be determined solely by the government itself, but should be subject to checks and balances that prevent abuses of power and ensure that the public interest is protected.
Of course, the United States is not the only country to grapple with the issue of the compensation of elected officials. Many other countries have faced similar debates and controversies over the appropriate level of compensation for government officials, and have adopted a variety of approaches to addressing this issue.
For example, in many European countries, there is a tradition of paying elected officials a relatively high salary, but also subjecting them to strict transparency and accountability requirements. This reflects a belief that elected officials should be compensated at a level that enables them to focus on their public duties without being distracted by financial concerns, but also that the public has a right to know how their tax dollars are being spent and to hold their representatives accountable for their actions.
In some Latin American countries, there is a tradition of paying elected officials a relatively low salary, but also providing them with a range of perks and benefits, such as free housing, transportation, and healthcare. This reflects a belief that elected officials should be compensated at a level that is commensurate.
REFERENCES
1. THE BILL OF RIGHTS: How did it happen? National Archives, available on https://www.archives.gov/founding-docs/bill-of-rights/how-did-it-happen, last visited 03/05/2023
2. How a college term paper led to a constitutional amendment, National Constitution Centre, available on https://constitutioncenter.org/blog/how-a-c-grade-college-term-paper-led-to-a-constitutional-amendment#:~:text=Watson%20researched%20what%20became%20the,to%20consider%20it%20for%20ratification, last visited 03/05/2023
3. History, Art, and culture, The twenty-seventh amendment, https://history.house.gov/HistoricalHighlight/Detail/35665?current_search_qs=%3Fsubject%3DLegislation%26PreviousSearch%3D%26CurrentPage%3D1%26SortOrder%3DDate#:~:text=With%20no%20time%20limit%20on,1992%2C%20when%20Michigan%20approved%20it., last visited on 04/05/2023
4.The United States Constitution, LibGuides, https://law.tamu.libguides.com/c.php?g=513904&p=3510977, last visited on 05/05/2023
[1] THE BILL OF RIGHTS: How did it happen? National Archives, available on https://www.archives.gov/founding-docs/bill-of-rights/how-did-it-happen, last visited 03/05/2023
[2]How a college term paper led to a constitutional amendment, National Constitution Centre, available on https://constitutioncenter.org/blog/how-a-c-grade-college-term-paper-led-to-a-constitutional-amendment#:~:text=Watson%20researched%20what%20became%20the,to%20consider%20it%20for%20ratification, last visited 03/05/2023
[3] History, Art, and Culture, The twenty-seventh amendment, https://history.house.gov/HistoricalHighlight/Detail/35665?current_search_qs=%3Fsubject%3DLegislation%26PreviousSearch%3D%26CurrentPage%3D1%26SortOrder%3DDate#:~:text=With%20no%20time%20limit%20on,1992%2C%20when%20Michigan%20approved%20it., last visited on 04/05/2023
[4] The United States Constitution, LibGuides, https://law.tamu.libguides.com/c.php?g=513904&p=3510977, last visited on 05/05/2023
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