An early draft of the Compensation Clause prohibited both “increase or diminution” of judicial salaries to shield judges from the temptation of salary increases and the fear of retribution, according to an amicus brief in Beer v. U.S., challenging Congress’ failure to appropriate judicial cost-of-living increases.
But Morris proposed giving Congress the authority to raise judges’ salaries because he knew that inflation could erode the original salary during a judge’s tenure. James Madison didn’t like the idea of the judiciary going to Congress for pay increases so he proposed indexing judicial pay to the price of wheat or another commodity. When a commodity of stable value couldn’t be found, Morris’ proposal passed.
