Twenty-seventh Amendment To The United States Constitution - Background

Background

The Twenty-seventh Amendment provides that any change in congressional salaries may take effect only after the beginning of the next term of office for Representatives. Sometimes called the "Congressional Compensation Amendment of 1789", the "Congressional Pay Amendment", and the "Madison Amendment", it was intended to serve as a restraint on the power of Congress to set its own salary—an obvious potential for conflict of interest.

This amendment was actually suggested by a number of states. During the 1788 North Carolina convention, assembled to consider the original Constitution itself, the following amendment, among others, was requested of Congress:

The laws ascertaining the compensation of senators and representatives, for their services, shall be postponed in their operation until after the election of representatives immediately succeeding the passing thereof; that excepted which shall first be passed on the subject.

Virginia in its 1788 ratification convention recommended the identical language that North Carolina had suggested. New York in its 1788 ratification convention also urged Congress to consider this wording:

That the Compensation for the Senators and Representatives be ascertained by standing law; and that no alteration of the existing rate of Compensation shall operate for the Benefit of the Representatives, until after a subsequent Election shall have been had.

In 1816, more than a quarter century after the Congress had officially submitted the amendment (and eleven others) to the state legislatures for consideration, the Massachusetts General Court expressed its desire for an amendment to the Constitution worded almost exactly as it was offered by Congress in 1789. The legislation embodying the recommendation was reportedly approved by the Massachusetts House of Representatives on a vote of 138 to 29. Sometime in December 1816 or early 1817 the Kentucky General Assembly did the same thing; and in 1817 or January 1818 Tennessee's lawmakers followed suit.

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