There’s nothing particularly extraordinary about the content of the 27th Amendment to the Constitution. In full, it stipulates that “No law, varying the compensation for the services of the Senators and Representatives, shall take effect until an election of Representatives shall have intervened.” In other words, members of the United States Congress are not allowed to raise or lower their salaries mid-term. That might seem like a common-sense regulation, but its path to becoming law was anything but conventional. From its original proposal to its ratification in 1992, the 27th languished for 202 years and seven months—longer than any Constitutional amendment in American history. Perhaps even more remarkable, its revival was largely credited to a Texas university student who only became aware of it while researching a school paper.
The story of the “compensation amendment” dates to the first session of Congress in 1789, when James Madison introduced a mid-term pay raise ban as one of several amendments to the Constitution. The Constitutional Convention had previously decided that Congress would set its own pay rate, but Madison and other critics maintained that the rule carried a potential for political misconduct. “There is a seeming impropriety in leaving any set of men without control to put their hand into the public coffers, to take out money to put in their pockets,” he noted during discussion of the issue. Supporters considered the compensation amendment a roundabout method of allowing voters to weigh in on congressional pay hikes, but opponents countered that legislators could be trusted to grant themselves a fair and reasonable salary. Some even argued that lawmakers might reduce their pay to a pittance in an attempt to curry favor with their constituents.
Congress approved Madison’s Constitutional amendments in September 1789, but while 10 of them later became famous as the Bill of Rights, the compensation amendment failed to win ratification by the necessary three-fourths majority of the states. For the next two centuries, it hovered in political limbo, resurfacing only periodically during public outcries about lawmakers’ salaries. In 1873, for example, the Ohio state legislature ratified the amendment to protest a congressional pay hike dubbed the “Salary Grab Act.” A century later in 1977, Wyoming followed suit after Congress gave itself another pay increase. By then, a total of nine states had ratified what would later become the 27th Amendment, but it was still well short of the required 38 state total.