Malcolm Rivera
The U.S. Constitution guarantees that members of Congress will continue to receive pay during a government shutdown. Article I, Section 6, states that members of Congress shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. The 27th Amendment also forbids any change in the compensation rate for Congress during a current term.
| Characteristics | Values |
|---|---|
| Congress members get paid during a government shutdown | Yes, under Article I, Section 6 of the Constitution |
| Supreme Court Justices and all appointed Justices get paid during a government shutdown | Yes, under Article III, Section 1 of the Constitution |
| Congress members' pay can be withheld during a government shutdown | Yes, under the 27th Amendment of the Constitution |
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What You'll Learn
- Congress members are guaranteed pay under Article I, Section 6 of the Constitution
- The 27th Amendment forbids changes to Congress' pay rate during a current term
- The Supreme Court and all federal judges are paid during a shutdown
- Article III, Section 1, protects the pay of judges
- The U.S. Treasury is responsible for paying congressional salaries
Congress members are guaranteed pay under Article I, Section 6 of the Constitution
The 27th Amendment also forbids any change in the compensation rate for Congress during a current term. In addition, the Judiciary, which is the non-political branch of the federal government, will continue to pay the Supreme Court Justices and all appointed Justices. Article III, Section 1, states that “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
However, there have been attempts to block congressional pay during shutdowns. For example, Spanberger and Fitzpatrick introduced a bipartisan bill to do so, and called on the Chief Administrative Office (CAO) in the U.S. House to begin making preparations for blocking Members of Congress from receiving their pay until the debt ceiling is lifted.
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The 27th Amendment forbids changes to Congress' pay rate during a current term
The 27th Amendment of the U.S. Constitution forbids any change in the compensation rate for Congress during a current term. This means that members of Congress will still get paychecks during a shutdown. Article I, Section 6, says that members of Congress "shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States".
The 27th Amendment ensures that the pay rate for Congress cannot be altered during their current term, providing stability and security for members of Congress. It is one of the few amendments that specifically addresses the compensation of Congress, highlighting the importance of maintaining their pay rate unchanged during their term.
The U.S. Treasury is responsible for paying congressional salaries, as outlined in Article I, Section 6. This provision guarantees that members of Congress receive compensation for their services and ensures that their pay is determined by law and funded through the U.S. Treasury.
During a government shutdown, it is essential to understand the constitutional protections in place for members of Congress. The 27th Amendment, along with Article I, Section 6, work together to safeguard the compensation of Congress, ensuring that they continue to receive their paychecks without any changes to their compensation rate during their current term.
In summary, the 27th Amendment plays a crucial role in maintaining the stability of Congress by prohibiting any modifications to their pay rate during a current term. This, coupled with Article I, Section 6, provides a constitutional guarantee of compensation for members of Congress, even during challenging times such as a government shutdown.
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The Supreme Court and all federal judges are paid during a shutdown
The Constitution protects the pay of the Speaker during a shutdown. Article I, Section 6, says that members of Congress “shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States”. The 27th Amendment also forbids any change in the compensation rate for Congress during a current term.
The Supreme Court and all federal judges are also paid during a shutdown. Article III, Section 1, reads, “The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office”. This means that the Supreme Court and all appointed federal judges will continue to receive their salaries during a shutdown.
The U.S. Treasury is responsible for paying congressional salaries per Article 1 Section 6 of the U.S. Constitution. During the current Congress, if either a default or shutdown occurs, the payroll administrators would be required to withhold payments for each day the debt ceiling is not lifted following a default or for each day following the start of a federal government shutdown. In compliance with the 27th Amendment of the U.S. Constitution, congressional payroll administrators would release withheld payments at the end of the 118th Congress.
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Article III, Section 1, protects the pay of judges
Article III, Section 1, of the US Constitution protects the pay of judges during a government shutdown. It reads:
> The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
This means that judges in the federal government’s non-political branch, the Judiciary, will continue to get paid during a shutdown. The 27th Amendment also forbids any change in the compensation rate for Congress during a current term.
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The U.S. Treasury is responsible for paying congressional salaries
The Supreme Court and all appointed federal judges also continue to receive pay during a shutdown. This is outlined in Article III, Section 1 of the Constitution, which states that judges "shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office".
While members of Congress and the federal judiciary are guaranteed pay during a shutdown, there have been efforts to block congressional pay in these circumstances. For example, during the current Congress, a bipartisan bill was introduced to block congressional pay during defaults or shutdowns. The bill proposed that payroll administrators would withhold payments for each day following the start of a federal government shutdown, releasing withheld payments only at the end of the 118th Congress.
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Frequently asked questions
Yes, the Speaker's pay is protected under Article I, Section 6, of the Constitution.
It says that members of Congress “shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.
Yes, the 27th Amendment forbids any change in the compensation rate for Congress during a current term.
Yes, Congress still gets paychecks during a shutdown.
The Supreme Court and all appointed federal judges also get paid during a shutdown.
