FACT CHECK: Viral Image Claims To Show A â28th Amendmentâ That âHasnât Been Upheld In Yearsâ
An image shared on Facebook more than 74,000 times claims a â28th Amendmentâ to the Constitution bars Congress from making laws that do not apply equally to both citizens and lawmakers.
âThe 28th Amendment hasnât been upheld in years,â reads the caption. âCongress: âWhat 28th Amendment, America sit your a** down!ââ
Verdict: False
There are only 27 amendments to the Constitution. No such amendment exists.
Fact Check:
The Constitution provides a framework for the federal government and guarantees certain basic rights to U.S. citizens. To date, it has 27 amendments.
Yet, while the Constitutionâs 27 amendments are clearly enumerated, a viral Facebook post alleges in an image that there is a â28th Amendmentâ barring Congress from making laws that do not apply equally to both citizens and legislators. The text of this â28th Amendmentâ has been circulating on various platforms since at least 2010, according to FactCheck.org.
âCongress shall make no law that applies to the citizens of the United States that does not apply equally to the Senators and Representatives,â reads the bogus amendment. âAnd, Congress shall make no law that applies to the Senators and Representatives that does not apply equally to the Citizens of the United States.â
The most recent amendment to the Constitution stipulates that any change in pay for members of the House and Senate cannot take effect âuntil an election of representatives shall have intervened.â It was ratified in 1992, according to the National Constitution Center.
Some lawmakers have proposed amendments similar to the one in the Facebook post, but they have never been ratified. (RELATED: Did The Federalist Papers Say, âThe Constitution Of The United States Limits The Power Of The Federal Government, Not The Peopleâ?)
For instance, Republican Kentucky Sen. Rand Paul introduced a joint resolution ârelative to applying laws equally to the citizens of the United States and the Federal Governmentâ in 2013. The resolution died in committee that year and again in 2015, when he reintroduced it.
Similar amendments introduced in the House around the same time also failed to gain traction.