Congress and the Constitution: The Twenty-seventh Amendment and the Past and Future of Constitutional Alteration

The most recent addition to the U.S. Constitution is also one of the first proposed amendments. The 27^th Amendment restricts change to congressional salaries until after the next election. First drafted by James Madison and approved by Congress in 1789, the proposal was among a package of 12 items sent to the states. Ten of those proposed amendments were ratified and became known as the Bill of Rights. The others languished with only occasional attention by constitutional scholars. In the early 1980s, an undergraduate student at the University of Texas wrote a term paper arguing for adoption of the limits on congressional pay raises. After receiving a C grade from his teaching assistant and instructor, the student rejected the opinions of his teachers and independently pursued the adoption of Madison's proposal. Gregory Watson single-handedly mounted a letter-writing and lobbying campaign that caused state legislators to redirect their attention to the proposed amendment. In 1992, following a most unusual ratification process—including certification by the Archivist of the United States—the measure became the 27^th Amendment. In this article, we trace the history of the amendment, demonstrate that its impact has been more symbolic than substantive, and argue that Congress needs to reassert its authority over the amendment process in line with the letter and spirit of Article V. The 27^th Amendment has a peculiar constitutional history, and there are lessons we should learn from that experience.     

Improving land readjustment practice. Application of management models to Portugal

Whilst the advantages of the application of Land Readjustment (LR) are well known, there are nevertheless numerous countries in which application of LR is difficult or has not been successful. In its analysis of land readjustment constraints, conditions and the international practice, this paper contributes to improving the implementation of an LR system, particularly with respect to the management process. At the international level, management models in seven countries were studied: Australia, France, Germany, Japan, South Korea, Spain and Sweden. In Portugal, three case studies in the municipalities of Almada, Coimbra and Lisbon were selected, with semi-structured interviews being conducted with the respective managing entities. The management models are distinguished by the type of initiative and leadership processes, relations among stakeholders, managing entities and operating rules. It can be concluded that the role of the public authority as the process facilitator from the very initial stages, the existence of a managing entity and a board of specialists, and the legal conditions governing expropriation are key factors for the improvement of land readjustment management.