The story of the 27th Amendment is one of the most fascinating anomalies in American constitutional history, standing as the single longest ratification process for any amendment in the nation's history. While the text was written alongside the Bill of Rights in 1789, it remained dormant for over two centuries before finally achieving official status in 1992. Understanding when the 27th Amendment was made requires looking beyond the date of its final ratification and examining the lengthy journey from a congressional proposal to a fully realized part of the Constitution.
The Origins: 1789
To truly grasp when the 27th Amendment was made, one must first look back to the very beginning. The amendment was originally proposed by the First Congress of the United States on September 25, 1789, as part of the package of amendments that would become the Bill of Rights. Drafted by James Madison, the proposed amendment specifically addressed congressional pay raises, stipulating 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." This provision was designed to prevent legislators from granting themselves immediate pay raises without facing the political consequences at the ballot box.
The Long Silence: 1789 to 1982
For over 200 years, the proposed amendment lay forgotten, lacking the necessary ratification by three-fourths of the state legislatures. While it was sent to the states for approval in 1789, it failed to secure the required number of signatures and faded into obscurity. During this entire period, the United States government operated without this specific check on congressional salary adjustments. The amendment essentially existed in a state of constitutional limbo, known to legal scholars and historians but largely ignored by the general public and political practitioners.
The Modern Revival
The dormant text found new life in the late 20th century thanks to the efforts of a single individual. In 1982, a University of Texas at Austin student named Gregory Watson wrote a paper for a government class arguing that the amendment was still technically eligible for ratification. Watson's research challenged the conventional wisdom that the amendment had expired, pointing out that the Constitution did not specify a ratification deadline. His professor awarded the paper a "C" grade, citing the idea as "completely invalid," but Watson was undeterred and began a grassroots campaign to prove his thesis correct.
The Ratification Campaign
Armed with his research and a belief in constitutional literalism, Watson embarked on a mission to get his grade changed and, more importantly, to see the amendment ratified. His campaign began at the state level, targeting state legislatures with arguments that the old proposal was still valid. The turning point came in 1983 when Maine became the first state to ratify the amendment based on Watson's advocacy. Over the next several years, momentum built as state after state followed suit, driven by the simple appeal of the text: ensuring that lawmakers could not vote themselves immediate pay raises.
Milestones on the Path to Ratification
1983: Maine becomes the first state to ratify the amendment during the modern era.
1984: Kansas and Florida follow, demonstrating growing national support.
1991: The wave accelerates significantly with the ratification by five additional states, including California and Michigan.
1992: The necessary momentum culminates in the final states signing off.
The final state to provide the crucial 38th ratification was Michigan, which approved the amendment on May 7, 1992. With the threshold of three-fourths of the states reached, the Archivist of the United States, Don Wilson, officially certified the ratification on May 18, 1992. This certification effectively made the 27th Amendment the Constitution's latest addition, despite its origins dating back to the very first Congress.
