Hostname: page-component-7479d7b7d-qs9v7 Total loading time: 0 Render date: 2024-07-11T05:27:20.690Z Has data issue: false hasContentIssue false
  • English
  • Français

The Twenty-Seventh Amendment and Constitutional Change by Stealth

Published online by Cambridge University Press:  02 September 2013

Ruth Ann Strickland
Ruth Ann Strickland*
Affiliation:
Appalachian State University
Get access Rights & Permissions [Opens in a new window]

Extract

The process of how to amend the U.S. Constitution is the least discussed and least examined aspect of the Constitution. The vagaries surrounding the amendment process were highlighted in 1992 as the Twenty-Seventh Amendment gained momentum and eventual ratification.

Compensation of Members of Congress: The Twenty-Seventh Amendment

As one of the original proposals accompanying the Bill of Rights, and first proposed in 1789, the congressional pay raise amendment was included in order to limit the ability of Congress to change the compensation of its members. It was proposed by James Madison and later passed by both houses of Congress. The amendment stated: “No law, varying the compensation for the services of senators and representatives, shall take effect until an election of representatives shall have intervened.” Three state conventions, concerned that members of Congress might arbitrarily grant themselves salary raises, proposed that no salary improvements should occur before the next election of representatives (Livingston 1956).

Type
Research Article
Information
PS: Political Science & Politics , Volume 26 , Issue 4 , December 1993 , pp. 716 - 722
Copyright
Copyright © The American Political Science Association 1993

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Ames, Herman V. 1896. The Proposed Amendments to the Constitution of the United States During the First Century of Its History. H. Doc. 353, pt. 2, 54th Cong., 2nd sess.Google Scholar
“Archivist to OK Pay Raise Amendment.” 1992. Los Angeles Times (14 May): A17.Google Scholar
Berry, Mary Frances. 1986. Why the ERA Failed: Politics, Women's Rights, and the Amending Process of the Constitution. Bloomington, IN: Indiana University Press.Google Scholar
Berry, Mary F. 1987. “How Hard It Is to Change.” New York Times Magazine (13 September): 93–98.Google Scholar
Bryce, James. 1888. The American Commonwealth, Vol. 1. London and New York: MacMillan and Co. Google Scholar
Burger, Timothy J. 1991. “House Members' Annual Salaries Are Hiked to $125,000 This Week; Senators' to $101,900.” Roll Call (3 January).Google Scholar
Burger, Timothy J. 1992. “Members to Get Automatic COLA Raise of 3.5%; Staff Caps Expected to Rise, Too.” Roll Call (6 January).Google Scholar
Burgess, John W. 1978. Selections from Political Science and Comparative Constitutional Law. Farmingdale, NY: Dabor Social Science Publications.Google Scholar
Caplan, Russell L. 1988. Constitutional Brinkmanship: Amending the Constitution by National Convention. New York: Oxford University Press.Google Scholar
Clift, Eleanor. 1989. “The Tea-Bag Revolution: A Backlash Over the Congressional Pay Raise.” Newsweek 113 (6 February, no. 6): 18.Google Scholar
Coleman v. Miller. 1939. 307 U.S. 433.Google Scholar
Coyle, Marcia. 1992. “No Set Procedure for Amendments.” National Law Journal 14 (1 June, no. 39): 10.Google Scholar
DeBenedictis, Don J. 1992. “27th Amendment Ratified; Congressional Vote Ends Debate Over 203-Year-Old Pay-Raise Proposal.” American Bar Association Journal 78 (August): 26.Google Scholar
Dellinger, Walter. 1986. “The Process of Constitutional Amendment: Law, History, and Politics.” News for Teachers of Political Science 49 (Spring): 16–19.CrossRefGoogle Scholar
Deutsch, Jack. 1991. “Nader Says Pay Raise Still Can Die.” Charleston (West Virginia) Daily Mail (1 January).Google Scholar
Dillon v. Gloss. 1921. 256 U.S. 368.Google Scholar
Dixon, Robert G. Jr., 1971. “Article V: The Comatose Article of Our Living Constitution?” In The Article V Convention Process. New York: Da Capo Press.Google Scholar
Edel, Wilbur. 1981. A Constitutional Convention: Threat or Challenge? New York: Praeger Publishers.Google Scholar
Elazar, Daniel. 1978. “The Generational Rhythm of American Politics.” American Politics Quarterly 6 (January): 55–94.CrossRefGoogle Scholar
Elazar, Daniel J. 1985. “Constitution-making: The Pre-eminently Political Act.” In Redesigning the State: The Politics of Constitutional Change, ed. Banting, Keith G. and Simeon, Richard. Toronto: University of Toronto Press.Google Scholar
Gallup, George, and Newport, Frank. 1991. “Confidence in Major U.S. Institutions at All-Time Low.” Gallup Poll Monthly (October, no. 313): 36–40.Google Scholar
Gallup Report. 1988. “Confidence in Institutions.” (December, no. 279): 30, 37.Google Scholar
Gallup Report. 1989. “8 in 10 Americans Oppose Congressional Pay Raise.” (February, no. 281): 6–7.Google Scholar
Gallup Report. 1989. “Confidence in Institutions.” (September, no. 288): 20–21.Google Scholar
Garrett, Major. 1992a. “Democrats Stall on Raise Amendment.” Washington Times (14 May).Google Scholar
Garrett, Major. 1992b. “Foley Endorses Pay Raise Curbs.” Washington Times (15 May).Google Scholar
Ginsburg, Ruth B. 1989–1990. “On Amending the Constitution: A Plea for Patience.” University of Arkansas at Little Rock Journal 12: 677–94.Google Scholar
Grimes, Alan P. 1978. Democracy and the Amendments to the Constitution. Lexington, MA: D.C. Heath.Google Scholar
Hook, Janet. 1990. “Incumbents Get the Jitters as Voters Grow Angry.” Congressional Quarterly Weekly Report 48 (4 August, no. 31): 2473–77.Google Scholar
Horwitz, Paul. 1992. “Boehner Cites Analysis Claiming 27th Amendment Is Already Law.” Roll Call (11 May).Google Scholar
Hugick, Larry. 1992. “The Rubbergate Scandal.” Gallup Poll Monthly (March, no. 318): 2–4.Google Scholar
Klinglesmith, Margaret C. 1926. “Amending the Constitution of the United States.” University of Pennsylvania Law Review 10 (February): 185–206.Google Scholar
Kyvig, David E. 1986. “Alternative to Revolution: Two Hundred Years of Constitutional Amending.” In The Embattled Constitution: Vital Framework or Convenient Symbol, ed. Grundman, Adolph H.. Malabar, FL: Robert E. Krieger Publishing Co. Google Scholar
“Late Vote.” 1992. Time 139 (25 May): 19.Google Scholar
Livingston, William S. 1956. Federalism and Constitutional Change. Oxford: Clarendon Press.CrossRefGoogle Scholar
Malin, Jay. 1990. “Coalition Plans Campaign to Fight Congress' Pay Raises.” Washington Times (3 August).Google Scholar
McAllister, Bill. 1992a. “Madison's Brainchild Comes to Life.” Washington Post (8 May).Google Scholar
McAllister, Bill. 1992b. “It's Never Too Late: In the End James Madison Has His Way.” Washington Post National Weekly (18-24 May): 34.Google Scholar
McAllister, Bill. 1992c. “Now That the 27th Amendment Is Law, What Does It Mean?” Washington Post National Weekly (25-31 May): 34.Google Scholar
McAneny, Leslie. 1992. “Pharmacists Again Top Honesty and Ethics Poll; Ratings for Congress Hit New Low.” Gallup Poll Monthly (July, no. 322): 2–4.Google Scholar
Mead, Walter B. 1987. The United States Constitution: Personalities, Principles, and Issues. Columbia, SC: University of South Carolina Press.Google Scholar
Michaelis, Laura. 1992a. “1789 Pay Raise Amendment Returns to Haunt Congress.” Congressional Quarterly Weekly Report 50 (9 May, no. 19): 1230–31.Google Scholar
Michaelis, Laura. 1992b. “Both Chambers Rush to Accept 27th Amendment on Salaries.” Congressional Quarterly Weekly Report 50 (16 May, no. 20): 1323.Google Scholar
Michaelis, Laura. 1992c. “James Madison Gets His Way as Congress Ducks Issue.” Congressional Quarterly Weekly Report 50 (23 May, no. 21): 1423.Google Scholar
Moss, J. Jennings. 1992. “House, Senate OK Amendment.” Washington Times (21 May).Google Scholar
Murray, Frank J. 1990. “Giving Voice to Madison's Words.” Washington Times (16 July).Google Scholar
Musmanno, M. A. 1929. “The Difficulty of Amending Our Federal Constitution: Defect or Asset?” American Bar Association Journal 15: 505–08.Google Scholar
Musmanno, M. A. 1976. Proposed Amendments to the Constitution: A Monograph on the Resolutions Introduced in Congress Proposing Amendments to the Constitution of the United States of America. Westport, CT: Greenwood Press.Google Scholar
Parker, Alan A. 1989. “What Goes Around Comes Around.” Trial 25 (April, no. 5): 10–11.Google Scholar
Pritchett, C. Herman. 1959. The American Constitution. New York: McGraw Hill.Google Scholar
Schechter, Stephen L. 1985. “Amending the United States Constitution: A New Generation on Trial.” In Redesigning the State: The Politics of Constitutional Change, ed. Banting, Keith G. and Simeon, Richard. Toronto: University of Toronto Press.Google Scholar
Shapiro, Joseph P. 1989. “Should Congress Get a 51 Percent Raise?” [interviews] U.S. News & World Report 106 (13 February, no. 6): 28.Google Scholar
Smith, James Allen. 1907. The Spirit of American Government. New York: Mac-Millan Co. Google Scholar
Strickland, Ruth Ann. 1989. “The Ratification of U.S. Constitutional Amendments: Each State Having One Vote as a Form of Malapportionment.” Ph.D. diss., University of South Carolina.Google Scholar
Strickland, Ruth Ann. 1992. “Population Size, Diversity and the Proclivity of States to Oppose or Support the Ratification of Amendments to the U.S. Constitution.” Southeastern Political Review 20 (Fall, no. 2): 269–93.CrossRefGoogle Scholar
Sundquist, James L. 1986. Constitutional Reform and Effective Government. Washington, DC: Brookings Institution.Google Scholar
Taylors World of Politics. 1992. “The 27th Amendment.” Vol. 13 (July): 5.Google Scholar
Vile, John R. 1991. “Rewriting the United States Constitution: An Examination of Proposals from Reconstruction to the Present.” New York: Praeger.Google Scholar
Vile, John R. 1992a. “Just Say No to ‘Stealth’ Amendment.” National Law Journal 14 (22 June, No. 42): 15.Google Scholar
Vile, John R. 1992b. The Constitutional Amending Process in American Political Thought. New York: Praeger.Google Scholar
Vose, Clement E. 1972. Constitutional Change: Amendment Politics and Supreme Court Litigation Since 1900. Lexington, MA: D.C. Heath.Google Scholar
Whicker, Marcia Lynn, Strickland, Ruth Ann, and Moore, Raymond A.. 1987a. “The Constitution Under Pressure: The Amendment Process.” Journal of Political Science 15 (Spring, nos. 1 and 2): 60–71.Google Scholar
Whicker, Marcia Lynn, Strickland, Ruth Ann, and Moore, Raymond A.. 1987b. The Constitution Under Pressure: A Time for Change? New York: Praeger Publishers.Google Scholar
Wilkinson, Howard. 1991. “Congressional Limits: Lawmakers Revive 1789 Plan to Curb Salary Powers.” Cincinnati Enquirer (2 August).Google Scholar
Wilson, Woodrow. 1885. Congressional Government: A Study in American Politics. Boston: Houghton Mifflin and Co. Google Scholar