Congress and the Constitution
The Twenty-seventh Amendment and the Past and Future of Constitutional Alteration
Bibliographic Data
| ID | 6182317 |
|---|---|
| Authors | James W Endersby (0000-0002-7581-1970, University of Missouri, corresponding author), L Marvin Overby (University of Missouri) |
| Year | 2018 |
| Volume | 45 |
| Issue | 2 |
| Pages | 166-184 |
| Publication date | 2018-05-04 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Congress & the Presidency (JOURNAL) |
| Journal identifiers | ISSN: 0734-3469 • E-ISSN: 1944-1053 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/07343469.2018.1444682 |
| OpenAlex | W2794936829 |
| Language | EN |
| Citations received | 1 |
| References cited | 21 |
The most recent addition to the U.S. Constitution is also one of the first proposed amendments. The 27th Amendment restricts change to congressional salaries until after the next election. First drafted by James Madison and approved by Congress in 1789, the proposal was among a package of 12 items sent to the states. Ten of those proposed amendments were ratified and became known as the Bill of Rights. The others languished with only occasional attention by constitutional scholars. In the early 1980s, an undergraduate student at the University of Texas wrote a term paper arguing for adoption of the limits on congressional pay raises. After receiving a C grade from his teaching assistant and instructor, the student rejected the opinions of his teachers and independently pursued the adoption of Madison's proposal. Gregory Watson single-handedly mounted a letter-writing and lobbying campaign that caused state legislators to redirect their attention to the proposed amendment. In 1992, following a most unusual ratification process—including certification by the Archivist of the United States—the measure became the 27th Amendment. In this article, we trace the history of the amendment, demonstrate that its impact has been more symbolic than substantive, and argue that Congress needs to reassert its authority over the amendment process in line with the letter and spirit of Article V. The 27th Amendment has a peculiar constitutional history, and there are lessons we should learn from that experience
Amendment · Constitution · Constitutional amendment · Due Process Clause · Political science · Politics · Ratification · Sociology · State (computer science · Substantive due process · Writ · American Constitutional Law and Politics · Electoral Systems and Political Participation · Judicial and Constitutional Studies · Law
The records of the Federal Convention of 1787
Social science history
Prohibition and repeal
The Failure to Provide a Constitutional Guarantee on Representation
Access to Saloons, Wet Voter Turnout, and Statewide Prohibition Referenda, 1907–1919
The prohibition-repeal amendments
Support for Repealing Prohibition
Amending America
The Bill of Rights
Overdraft
The Electoral Connection in the Early Congress
| Unique citing works | 1 |
|---|---|
| Citations per year | 0,25 |
| Citation span | 2022 - 2022 (1) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 1 |