Congressional Pay Amendment: Memorandum Opinion for the Counsel to the President [May 13, 1992]   [open pdf - 105KB]

"The Congressional Pay Amendment, which was originally proposed by Congress to the States for ratification in 1789, and having been ratified by three-fourths of the States, has been ratified pursuant to Article V and is accordingly now part of the Constitution. Under 1 U.S.C. § 106b, the Archivist was, upon receipt of formal instruments of ratification from the requisite number of States, required to publish the Congressional Pay Amendment along with his certificate specifying that the Amendment has become valid, to all intents and purposes, as part of the Constitution. You have asked for a summary of our views, on an expedited basis, on whether the Congressional Pay Amendment has been duly adopted in accordance with the formal requirements of Article V of the Constitution. The General Counsel of the National Archives and Records Administration has informed us that the Archivist of the United States has received word that a total of thirty-nine States have adopted the Amendment, one more than the three-fourths required under Article V. The Archivist expects to have received formal instruments of ratification from all the necessary States shortly and informs us that no state has purported to rescind its ratification."

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United States. Department of Justice: http://www.justice.gov/
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