Frustrated by the C grade he had received on a paper for a political science class, a University of Texas, Austin, student set out to change the Constitution. Here, Blaine Kaltman explains how Gregory Watson led the fight to ratify the 27th Amendment.
The United States’ Twenty-seventh Amendment. This is from the hand-written copy of the proposed Bill of Rights from 1789.
In the wake of ICE riots and controversial comments delivered by Billie Eilish and other celebrities, it is important to remember that policy in the United States is perpetuated through legislation. Congress writes the laws that dictate the nation’s future. Working to create, enact, or change such laws is almost always the most productive way to ensure lasting change. Much more productive than performative activism or violent confrontation.
And yet Congress is failing in its most basic task. Case in point, for decades, members of Congress have been promising comprehensive immigration reform but have never delivered. Which is why many Americans question the wisdom of paying our Congressional representatives such high salaries. Especially when it is up to the members of Congress themselves to decide what that salary shall be; a power authorized by Article I, Section 6 of the U.S. Constitution.
Currently the average salary for members of the House and Senate is $174,000, but should they want to raise their salary, all they have to do is vote to do so. The good news is, at least they would not be eligible to receive that pay increase until after the next election cycle. In other words, they can vote to raise their salary, but they won’t get that raise unless their constituents reelect them. That clever check on our arguably overpaid, certainly unproductive Congress was an amendment to the Constitution drafted by James Madison. It reads: No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened. On September 25, 1789, Congress approved this amendment and sent it along with the other amendments Madison had written to the states for ratification. Ten of the amendments were quickly ratified, the ones we refer to today as the Bill of Rights. But the amendment dealing with Congressional salaries languished in limbo until a college student decided to effect real and permanent change. He set about doing this, not by marching in the streets, damaging property, or profanely criticizing law-enforcement officers, but through an understanding of the Constitution and the hard work of letter writing.
Enter Gregory Watson, a 19-year-old college sophomore who in 1982 wrote a paper about Congressional salaries for a Political Science course he was taking at the University of Texas, Austin. In his paper Watson argued that the amendment Madison had proposed so long ago, intended to make members of Congress think twice before voting themselves a raise, was still "live" and could be ratified. He got a grade of C. But his paper wasn’t graded by the teacher, it was graded by the teacher’s assistant. Watson appealed the grade to the teacher who agreed with the teaching assistant and thus the grade stood. Apparently, the professor teaching the course thought that Watson’s contention that an amendment submitted to the states in 1789 could still be ratified was absurd. Watson disagreed. To prove his point and for the betterment of the country, he started a letter writing campaign to state legislatures asking them to ratify Madison’s Congressional Salaries Amendment. He used what he wrote in his paper as ammunition including a 1939 Supreme Court case, Coleman v Miller, in which the Court ruled it was up to Congress to determine if an amendment with no time limit for ratification was still viable.
It was. After much letter writing, lobbying, and even some states having to check historical records to determine if they had ratified the amendment 200 years earlier, in May 1992, Michigan became the 38th State to ratify the 27th Amendment, making it a part of our Constitution. Which is why should members of Congress choose to increase their salary, they must answer to the voting public before they receive a raise.
In 2017 The University of Texas changed the grade on Watson’s paper to a clearly deserved A. That same year protests in Washington, DC on Inauguration Day resulted in property damage and 214 felony riot indictments. No positive change came from that incident, or the many we have seen follow. Certainly not when compared to what Watson peacefully accomplished by literally changing the Supreme Law of the land. The Founding Fathers understood that the pen is often mightier than the sword. While they included the right to petition in the First Amendment, it was the words that were debated—without violence—and eventually agreed upon and written down which ensures that the right to petition will remain a pillar of American society in perpetuity.
Dr. Martin Luther King, Jr, in his 1967 speech, “The Other America” famously said, “A riot is the language of the unheard.” But in America, as Gregory Watson demonstrated, we all have the opportunity to be heard and, moreover, to profoundly influence our collective future. Indeed, a disgruntled college student successfully added an amendment to the Constitution. Which is far more significant than wearing a button at an awards ceremony or, worse, risking lives and damaging property.
What differentiates those who criticize America from those who actually do something to improve its condition is how they exercise that vital right of petition guaranteed by the First Amendment. Done productively, and effectively, every American citizen can make impactful change.
Blaine’s new book is Perfecting the U.S. Constitution: 27 and Counting, The Amendments that Shaped America’s Future (Amazon US | Amazon UK).