Why Does Congress Continue to Receive Pay During a Shutdown, and Does it Always Have to be That Way?

Congress Could Make Themselves Similar to other Government Employees, But Won’t

United States House of Representatives or Office of the Speaker of the House, Public domain, via Wikimedia Commons

At the time of this writing, the current government shutdown has lasted 33 days. The record is 35 days, set during the 2018–2019 shutdown under President Trump. The military has continued to get paid after manipulations ordered by Donald Trump. SNAP benefits ended on November 1st, but a court order may result in partial or complete payments before the contingency fund runs out. I have a friend at the IRS who has stopped getting paid, as have TSA agents and air traffic controllers. Unconcerned about their paychecks are members of the House and Senate who are crucial to reopening the government. All of them are getting paid while offering their thoughts and prayers for those wondering how they will eat or pay their rent.

I spent close to an hour arguing with ChatGPT about why members of Congress are getting paid while others are not. AI kept telling me that the Constitution mandates payments to members; it kept pointing to Article I, Section 6 of the Constitution, which states:

“The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.”

I was pretty clear about where their salaries had to come from, but nothing in “to be ascertained by law” meant to me that they had to be paid during a shutdown. In my reading, the Founders never contemplated that Congress would be so stubborn as to shut down the government rather than compromise to keep things going. Still, ChatGPT insisted:

Constitutional Basis: Article I, Section 6 of the U.S. Constitution states:

• “The Senators and Representatives shall receive Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States.”

• This clause ensures that Congressional pay is mandatory and not subject to annual appropriations, unlike most federal salaries.

• Interpretation: Legal scholars and federal agencies interpret this to mean that Congress must be paid, even during shutdowns.

I understood this to mean that Congressional pay would not be subject to the whims of the Executive Branch and that it couldn’t be withheld by Executive Orders to pressure Congress to obey the President. Still, I didn’t see any mandate requiring Congress to be paid during a shutdown.

I asked if the Supreme Court had ever interpreted the Constitution in that manner:

“No, the Supreme Court has not specifically ruled that Congress must be paid during a government shutdown. However, their pay is protected by the U.S. Constitution, which has been interpreted to mean that congressional salaries continue regardless of funding lapses.” — Chat GPT

After more back and forth, it seems that “to be ascertained by law” meant that it would require a statute to stop paying members of Congress, but Congress could easily pass such a law if only they had the will. Several bills and Constitutional Amendments have been proposed, but none ever became law. These include:

1. H.R.3538 — No Pay for Congress During Default or Shutdown Act (2023–2024)

• Sponsored by Rep. Abigail Spanberger (D-VA)

• Would prohibit congressional pay during any period of government shutdown or debt default.

• Referred to the House Administration and Oversight Committees.

2. No Budget, No Pay Act

• Reintroduced multiple times, most recently in 2025 by Sen. Rick Scott (R-FL) and Sen. Jon Husted (R-OH). One might note that Rick Scott is a billionaire who got rich defrauding Medicare and wouldn’t miss his congressional pay.

• Would suspend congressional salaries until both chambers pass a budget.

• Framed as a bipartisan accountability measure.

3. Constitutional Amendment by Rep. Ralph Norman (2025)

• Would bar members of Congress from receiving any compensation during a government shutdown.

• Includes a clause preventing backpay after the shutdown ends.

• Intended to create lasting consequences for legislative inaction.

The amendment would be tough, but something along the lines of the proposed laws could and should be done. While almost 80% of Senators are millionaires, enough members of the House of Representatives are only hundred-thousandaires that they would miss their monthly paycheck.

It’s hard to imagine House Speaker Mike Johnson willingly bringing such a measure to the floor of the House. It might require a discharge petition like the one demanding the release of the Epstein Files. Let every member of the House and then the Senate try to justify to the American public why they should be paid, especially in the House, which is taking its sixth consecutive week off at Mike Johnson’s direction.

There is a provision that prevents Congress from changing the law in the middle of a term, meaning 2026 in this case. Let’s find someone to introduce a measure and let every member of Congress be on the record as to why they should be paid while the American people suffer.