Congressional pay raise
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  Congressional pay raise
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Author Topic: Congressional pay raise  (Read 1899 times)
Fritz
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« on: December 20, 2008, 09:23:46 AM »

I've been hearing a lot this morning on cable news that Congress has just voted itself a pay raise.  The 27th Amendment states:  "No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened."  I read this to mean that the pay raise cannot take effect until after the 2010 election.  The fact that those elected in 2008 have not taken office yet is not relevant- an ELECTION needs to interevene before the pay raise is effective.

Am I reading the Constitution wrong?
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Fritz
JLD
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« Reply #1 on: December 21, 2008, 08:20:32 AM »
« Edited: December 21, 2008, 08:34:46 AM by Fritz »

Well since no one bothered to answer my question, I went and found the answer:  http://www.marketwatch.com/news/story/Members-Congress-Due-Award-Themselves/story.aspx?guid=%7B02CE0BA2-256E-4D38-BC83-D2E9697D32B9%7D

"Congress automatically gets a pay raise each year, and has to introduce legislation to prevent the increase. Although legislation to halt the Congressional raise has been introduced, the most supported bill (H.R. 5087) has just 34 co-sponsors, far short of the 218 necessary for passage."

Thus the 27th amendment doesn't apply.  But, I would also say that, as per Amendment 27, Congress could not vote to prevent the increase at this point in time, either- that needed to be done prior to November 4.
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Verily
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« Reply #2 on: December 21, 2008, 11:13:11 AM »

The Senators and Representatives are still representing the 110th Congress. The "intervening election" does not itself take effect until the changeover to the 111th Congress. The intent is quite clear; no Congress can raise its pay effective that same session of Congress.
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Fritz
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« Reply #3 on: December 21, 2008, 12:10:22 PM »

But the amendment specifically uses the word "election".  If the legislation is passed during the lame duck session, then we would know whose salary is affected.  Prior to the election, we would not know.  I think that was the intent.  How does the new Congress taking office mean the same thing as "intervening election?"
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J.G.H.
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« Reply #4 on: December 21, 2008, 12:55:57 PM »

I could be wrong, but I also thought that the courts determined that the amendment doesn't apply if you're only giving cost of living adjustment increases; that is, a small amount to keep up with inflation. A dumb interpretation but I thought I saw that somewhere...
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Meeker
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« Reply #5 on: December 21, 2008, 04:03:13 PM »

Yea, I'm pretty sure these are legally CoLA's, but the media just refers to them as pay raises.
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jfern
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« Reply #6 on: December 21, 2008, 04:05:16 PM »

Congress is a bunch of overpaid lazy bastards.
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Nixon in '80
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« Reply #7 on: December 22, 2008, 12:38:46 AM »


Of that, I believe, we can all agree.
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Ronnie
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« Reply #8 on: December 22, 2008, 01:05:44 AM »


I wouldn't consider 170 grand much, but okay.
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Bacon King
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« Reply #9 on: December 22, 2008, 01:13:59 AM »


I wouldn't consider 170 grand much, but okay.

Your richness is showing.

98% of US households make less than that, you know.
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Ronnie
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« Reply #10 on: December 22, 2008, 01:48:36 AM »


I wouldn't consider 170 grand much, but okay.

Your richness is showing.

98% of US households make less than that, you know.

*speaks in mid-atlantic accent*

You musn't say so!

Actually, I caught onto William Buckley's accent, and I will be using it for a while.  Good day!
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Mr.Phips
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« Reply #11 on: December 22, 2008, 02:47:50 AM »


I wouldn't consider 170 grand much, but okay.

For what they do it sure is.  Also, look at the benefits. 
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emailking
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« Reply #12 on: December 22, 2008, 12:57:51 PM »

If we're going to talk about the "intent" of the Amendment, keep in mind this was proposed and passed the first hurdles in 1789, before they started making the Amendments self-expiring if not ratified after x number of years.

Now then...do we really think the founding fathers would see a COLA as being somehow different from a raise? I tend to think not. Money was real and fully backed in those days. Not abstract, inflation prone 1's and 0's.

However, it is correct the SCOTUS ruled that COLAs somehow don't count, though it would seem to "vary the compensation."
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jfern
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« Reply #13 on: December 24, 2008, 10:14:13 PM »


I wouldn't consider 170 grand much, but okay.

Your richness is showing.

98% of US households make less than that, you know.

And they probably don't get such long vacations and actually get fired if they decide to randomly not show up to work. McCain got paid around $85,000 while he was doing absolutely no work for his job, but was trying to get a promotion.

Seriously, how many jobs pay $170k a year? Basically none. Most smart hard-working people make 5-figures, not 6.
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emailking
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« Reply #14 on: December 26, 2008, 07:14:52 PM »

In the GS system (payment system for most fed employees) Grade 15, step 10, is $149,000 for the MA-DC-VA region.

So even the highest rank most government employees can reach pays well below $170K.
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