Eleanor Finch
During a government shutdown, hundreds of thousands of federal employees are either asked to work without pay or stay home from work. However, members of Congress, the President, Supreme Court justices, and appointed justices continue to receive their paychecks. This is because Article I, Section 6 of the US Constitution states that congress members shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the United States. Additionally, the 27th Amendment forbids any change in the compensation rate for Congress during a current term.
| Characteristics | Values |
|---|---|
| Who gets paid during a government shutdown | Due to the Constitution, the people directly in charge of the government, such as members of Congress, the President, Supreme Court justices, and all appointed justices, will keep getting paychecks while most other government workers won't. |
| Who doesn't get paid during a government shutdown | Congressional support staff, federal contractors, and furloughed government employees don't get paid during a shutdown. |
| Who gets paid retroactively after a shutdown | Furloughed government employees are guaranteed back pay once a shutdown ends. |
| Who continues to work during a shutdown | Excepted employees and exempt employees continue to work during a shutdown. Excepted employees don't get paid until after the shutdown is over, while exempt employees get paid as usual during a shutdown. |
| Who gets reimbursed for missed pay | Government employees on the government's payroll nationwide will be reimbursed for their missed pay once Congress and the president pass a measure to fund the government and end the shutdown. |
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What You'll Learn
Members of Congress will still get paychecks
During a government shutdown, hundreds of thousands of federal employees are asked to work without pay or stay home from work. However, members of Congress will still receive their paychecks. This is due to two parts of the US Constitution.
Firstly, Article I, Section 6 of the Constitution states that congress members "shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States". Secondly, the 27th Amendment forbids any change in the compensation rate for Congress during a current term.
The Congressional Research Service (CRS) reports that the compensation for most Senators, Representatives, Delegates, and the Resident Commissioner from Puerto Rico is $174,000, with a few exceptions. They also receive retirement and health benefits. Salaries for members of Congress have not been increased since 2009.
It is important to note that not all congressional members accept pay during a shutdown. For example, during the 2018-19 shutdown, at least three of North Carolina's members stated that they were refusing their salary. Additionally, Democratic Sen. Mazie Hirono said she would donate the pay she received during the shutdown to Hawaii's federally qualified community health centers.
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Supreme Court Justices and all appointed justices will be paid
During a government shutdown, the U.S. Constitution ensures that Supreme Court Justices and all appointed justices continue to receive their salaries. This is in contrast to most federal employees, who do not receive pay during a shutdown. The Constitution, in Article III, Section 1, states:
> 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 provision guarantees that the salaries of judicial officers, including Supreme Court Justices, cannot be reduced during their tenure. It is important to note that while the Constitution specifically addresses the compensation of judges, the interpretation and implementation of this provision during government shutdowns may be subject to legal analysis and precedent.
During a shutdown, the federal government's non-political branch, the Judiciary, continues to function, and the Supreme Court Justices and appointed justices are expected to carry out their judicial duties. As such, their compensation is ensured by the Constitution, which recognises the importance of an independent judiciary. This independence is further emphasised by the principle of "good behaviour," which grants judges a level of security in their positions and ensures the stability of the judicial system.
While members of Congress also continue to receive their full paychecks throughout a government shutdown under Article I, Section 6 of the Constitution, there have been instances where individual members choose to forego their salary or donate it to charitable causes during such times. The 27th Amendment to the Constitution also plays a role in maintaining the compensation rate for Congress members during their current term, preventing any changes to their pay.
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Congress controls government funds
The U.S. Constitution's separation of powers places the appropriation and control of government funds solely in the hands of the U.S. Congress. Congress initiates this process by proposing an appropriation bill to determine spending levels for each federal department and government program. The finalized bill is then voted on by the House of Representatives and the Senate, after which it proceeds to the President for approval. This process is known as the Spending Clause, which grants Congress the power to lay and collect taxes, duties, imposts, and excises to fund federal programs such as Social Security, Medicaid, and federal education.
Congress has broad discretion in identifying expenditures that further the general welfare, allowing it to pursue objectives beyond its enumerated powers. This includes funding for mandatory spending, such as Social Security and Medicare, and discretionary spending for federal agencies, which Congress sets annually. Congress also determines which employees are deemed critical and must work during a shutdown to support its constitutional responsibilities or protect life and property.
During a government shutdown, most federal employees do not receive pay, and non-essential operations are typically minimized or suspended. However, members of Congress continue to receive paychecks under Article I, Section 6 of the Constitution, which guarantees compensation for their services, and the 27th Amendment, which forbids changes to their compensation rate during a current term. Similarly, the Judiciary, including Supreme Court Justices, remains compensated based on Article III, Section 1, which ensures their compensation "shall not be diminished during their Continuance in Office."
While Congress controls the allocation of funds, the absence of appropriations during a shutdown leads to exceptions for essential employees in agencies whose functions are connected to the safety of human life or the protection of property. These employees must work without receiving pay until the shutdown ends, after which they will be compensated retroactively. The specific details of a shutdown's impact on salary disbursement can vary, but the underlying principle remains that Congress wields significant authority over government funding through its power to appropriate and control funds.
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Federal employees may not be paid until after the shutdown
During a government shutdown, federal employees may experience disruptions in their regular pay and work routines. The specific impact on their compensation depends on their employment classification and the funding status of their respective agencies.
Firstly, it's important to understand the categories of federal employees during a shutdown. Excepted employees are those who must continue working despite the shutdown, but they won't receive their compensation until after the shutdown ends. They are guaranteed back pay once the shutdown is resolved. Exempt employees, on the other hand, also continue to work, but they receive their pay as usual during the shutdown. Their positions are financed by funds other than annual appropriations. A third category is furloughed employees, who stop working during the shutdown and, like excepted employees, are guaranteed back pay once it concludes.
The classification of federal employees into these categories is determined by their agencies, and it is the responsibility of these agencies to update their shutdown contingency plans accordingly. During a shutdown, agencies that haven't had their funding determined by Congress are legally required to halt all activities financed by appropriations.
It's worth noting that the Constitution plays a role in determining compensation during a shutdown. Members of Congress, for example, are guaranteed full paychecks throughout a shutdown under Article I, Section 6, and the 27th Amendment of the Constitution. The 27th Amendment specifically prohibits changes in the compensation rate for Congress during a current term. Additionally, Supreme Court justices and all appointed justices continue to receive paychecks, as mandated by the Constitution.
While federal employees may experience a delay in their compensation until after a shutdown ends, it is important to recognize that they will generally receive their salaries retroactively. This has been the historical practice, and legislation is typically passed to ensure they receive their earned wages.
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Contractors are not guaranteed backpay
The US Constitution does not explicitly mention salaries during a government shutdown. However, the Constitution does outline the separation of powers and the appropriation and control of government funds, which are factors that come into play during a shutdown.
During a government shutdown, there is a funding gap, and federal agencies need to determine how to manage their operations with limited or no funding. This often results in the suspension of nonessential operations and the furlough of many government workers. While the Constitution guarantees that members of Congress and judges will continue to be paid during a shutdown, the same cannot be said for government contractors.
Government contractors are not guaranteed backpay during a shutdown under federal law. Their fate depends largely on the agency with which their company contracts and how the shutdown affects those contracts. If a government agency's operations are suspended due to a lack of funding, it may not have the financial ability to honour its contracts, including paying the contractors.
In the past, government contractors have often had to work without pay during a shutdown and have not received retroactive pay through legislation. This is in contrast to furloughed federal employees, who are typically guaranteed backpay once the government reopens. The lack of uniform payment timing and methods for contractors adds to the complexity of guaranteeing backpay for this group.
However, there have been efforts to address this issue. In 2019, Senator Tina Smith of Minnesota introduced the "Fair Compensation for Low-Wage Contractor Employees Act," which would guarantee backpay of up to $965 per week for contractors covered by the Service Contract Act and the Davis-Bacon Act. This legislation aimed to help low- and mid-wage federal contract workers who often go unnoticed and face financial hardship during shutdowns.
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Frequently asked questions
Members of Congress, the President, Supreme Court justices, and all appointed justices continue to get paid during a government shutdown.
The 27th Amendment backs the payment of members of Congress during a government shutdown.
Excepted employees continue to work but are not paid until after the shutdown is over. They are guaranteed back pay once a shutdown ends. Furloughed employees stop working during a shutdown and are also guaranteed back pay.
Federal contractors may have to stop working during a shutdown. They are not guaranteed back pay. It is up to each company to decide on pay for its employees once a shutdown ends.
Critical staffers are required to work to support Congress with its constitutional responsibilities or to protect life and property. Congressional support staff may not receive pay during a shutdown depending on if there is appropriated funding for legislative branch activities.
