No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
Early in the First Congress, James Madison, then a Virginia congressman, introduced a series of resolutions proposing to amend the Constitution.1 Many of these resolutions drew from the recommendations of the state ratifying conventions and were intended to assuage Anti-Federalists’ concerns that the new federal government would usurp state power and stifle individual rights.2 The third resolution, initially proposed as a revision to the Congressional Compensation Clause rather than as a standalone, supplementary article, provided that “[n]o law varying the compensation last ascertained shall operate before the next ensuing election of Representatives.” 3
In explaining the need for this amendment, Madison stated that, although it was unlikely that Congress would abuse its spending power when determining its compensation, there was nonetheless “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.” 4 He contended that the Congressional Pay Amendment would ensure that Members would not modify their compensation solely for their benefit.5
Madison’s proposed amendments underwent various revisions in the House and Senate before final passage and submission to the states.6 Records of congressional debates in the House of Representatives include a brief discussion of the proposed Congressional Pay Amendment.7 During this discussion, Representative Theodore Sedgwick of Massachusetts expressed general concerns that Members of Congress would reduce their pay, thereby discouraging qualified people from serving in the House.8 Madison stated that the Amendment might not be “absolutely necessary,” but that it would not affect Congress’s ability to attract a sufficient number of qualified Members.9
On September 25, 1789, after Congress approved the Congressional Pay Amendment by a vote of two-thirds of both Houses, it was submitted to the states as one of twelve proposed amendments to the Constitution.10
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Footnotes
- 1
- 1 Annals of Cong. 440–41 (June 8, 1789).
- 2
- See id. at 451. See also id. at 458 (statement of Rep. James Madison) (noting that the language of the draft amendment specifying when laws modifying congressional compensation could become effective was drawn from “several of the amendments which the different [state ratifying] conventions have proposed” ).
- 3
- Id. at 451.
- 4
- Id. at 457.
- 5
- Id. at 458.
- 6
- See Intro.3.2 Bill of Rights (First Through Tenth Amendments).
- 7
- 1 Annals of Cong. 756–57 (Aug. 14, 1789).
- 8
- See id.
- 9
- Id. at 757.
- 10
- Bill of Rights (1791), Nat’l Archives (Sept. 20, 2022), https://www.archives.gov/milestone-documents/bill-of-rights ( “No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.” ).