Monday, May 7, 2012

The 27th Amendment

May 7, 1992:
Michigan ratifies a 203-year-old proposed amendment to the United States Constitution making the 27th Amendment law. This amendment bars the U.S. Congress from giving itself a mid-term pay raise. The 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.
Presented in the United States House of Representatives by Representative James Madison of Virginia, this amendment was the second of the twelve Constitutional amendments originally submitted to the state legislatures for ratification by the 1st Congress on September 25, 1789, the last ten of which became the United States Bill of Rights on December 15, 1791.
From 1789 to 1791, the compensation proposal was ratified by the legislatures of only six states—Maryland, North Carolina, South Carolina, Delaware, Vermont and Virginia —ten being required at the time. As more states entered the Union, the ratification threshold increased. In 1873, more than 80 years after Congress offered it to the nation's state lawmakers, the Ohio General Assembly ratified the compensation amendment as a means of protest against the "Salary Grab Act". The Salary Grab Act not only provided for a Congressional pay raise, but made that raise retroactive.
The proposed amendment was ratified by Wyoming in 1978 as a protest to a Congressional pay raise, but the proposed amendment was largely forgotten before University of Texas at Austin undergraduate student Gregory Watson wrote a paper on the subject in 1982. He started a new push for ratification with a letter-writing campaign to state legislatures.
Under the U.S. Supreme Court's landmark decision in Coleman v. Miller, 307 U.S. 433 (1939), any proposed amendment which has been submitted to the states for ratification and does not specify a ratification deadline may be ratified by the states at any time. In Coleman, the Supreme Court further ruled that the ratification of a constitutional amendment is political in nature—and so not a matter properly assigned to the judiciary.
On May 18, 1992, the amendment was officially certified by Archivist of the United States Don W. Wilson. On May 19, 1992, it was printed in the Federal Register, together with the certificate of ratification.
Speaker of the House Tom Foley and others called for a legal challenge to the amendment's unusual ratification.

In certifying that the amendment had been validly ratified, the Archivist of the United States had acted under statutory authority granted to his office by the Congress under Title 1, section 106b of the United States Code, which states:
Whenever official notice is received at the National Archives and Records Administration that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, the Archivist of the United States shall forthwith cause the amendment to be published, with his certificate, specifying the States by which the same may have been adopted, and that the same has become valid, to all intents and purposes, as a part of the Constitution of the United States.
Despite that, Senator Robert Byrd of West Virginia scolded Wilson for having certified the amendment without Congressional approval. Although Byrd supported Congressional acceptance of the amendment, he contended that Wilson had deviated from "historic tradition" by not waiting for Congress to consider the validity of the ratification, given the more than 202-year lapse since the Amendment had been proposed.
On May 20, 1992, under the authority recognized in Coleman, and in keeping with the precedent first established regarding the ratification of the Fourteenth Amendment, each house of the 102nd Congress passed a version of a concurrent resolution agreeing that the amendment was validly ratified, despite the unorthodox period of more than 202 years for the completion of the task. However, neither version was adopted by the entire Congress.
I remember looking at the Constitution sometime after I got out of high school, and being surprised to learn that there had been a new amendment added that I hadn't heard about.  That is a strange one.

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