Does the senate and congress still get paid during a shutdown
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Executive summary
Members of Congress continue to receive pay during federal government shutdowns because their salaries come from a permanent appropriation and the Constitution requires Congress to be paid; most members earn $174,000 annually while the Speaker earns $223,500 and party leaders $193,400 [1] [2]. Many lawmakers have publicly pledged to forgo or donate pay in the 2025 shutdown—reporting shows at least 55 senators and dozens of representatives have declined pay or promised to donate it [3] [4] [5].
1. Why Congress still gets paid: the legal and practical facts
The Constitution (Article I, Section 6) requires that “The Senators and Representatives shall receive a Compensation,” and since 1983 Congress has funded members’ salaries through a permanent appropriation so those payments don’t depend on annual appropriations that trigger shutdowns [1] [2]. Journalists and fact‑checks repeatedly explain that members’ pay is treated as mandatory spending and therefore continues through a lapse in appropriations [2] [6].
2. What “gets paid” really means for lawmakers vs. federal workers
Practically, members of Congress will receive their regular paychecks during a shutdown while many other federal employees are furloughed or required to work without immediate pay; historically, Congress has later provided back pay to furloughed and excepted federal employees by one‑time action after shutdowns end [2] [7]. Media outlets emphasize the contrast: lawmakers’ pay is protected by law and the Constitution, whereas most civilian federal workers’ regular pay is suspended until Congress acts [2] [6].
3. The political response: pledges, donations and proposed laws
Faced with political backlash, dozens of members have pledged not to accept pay during the 2025 shutdown or to donate their salaries; ABC and other outlets counted at least 55 senators taking that route, and interest groups and reporters have published lists of members declining pay [3] [4]. Simultaneously, lawmakers such as Sen. John Kennedy and Rep. Eli Crane have introduced bills and proposals to withhold or escrow member pay during future shutdowns—efforts framed as making Congress “feel the same pain” as furloughed workers [8] [9] [10].
4. Legal hurdles and the 27th Amendment concern
Proposals to suspend pay during a shutdown face constitutional and legal scrutiny because the 27th Amendment prohibits laws that change congressional pay from taking effect until after an intervening election; sponsors have tried to address that by proposing escrow arrangements that delay any effective change until the shutdown ends, but that technical fix reflects the complexity of altering pay rules [9] [8]. Media reporting notes multiple bills have failed in the past to prohibit pay during shutdowns, underscoring institutional resistance and legal constraints [5].
5. What past practice tells us about back pay for federal employees
Congress has a pattern of approving retroactive back pay for federal employees affected by shutdowns; news reporting and Congressional action in recent years show that furloughed and excepted workers typically receive back pay after the fact via legislation, including a 2019 change intended to guarantee retroactive pay for future shutdowns [7] [11]. That practice fuels political anger when lawmakers continue receiving current pay while many civilian workers wait for retroactive funding.
6. Public messaging versus financial reality
Some members call voluntarily withholding pay a symbolic act to show solidarity; analysts quoted in coverage say donations or skipping pay are largely political messaging because the Constitution ensures members must be paid and because some members lack the financial flexibility to actually forgo income [3] [12]. Coverage frames these pledges as both genuine gestures and strategic moves to shift blame onto the opposing party [3].
7. Limitations in available reporting and open questions
Available sources do not mention detailed mechanics for how escrowed pay would be administered day‑to‑day if new laws passed, nor do they provide a comprehensive, independently verified roll‑call of every member who has actually refused or donated pay beyond the samples and counts cited by outlets like ABC and Squared Compass [3] [4]. Also, while reporting notes proposals and bills, sources show several such measures have stalled or failed; the ultimate legal outcome remains tied to congressional votes and possible judicial review [5] [9].
Bottom line: under current law and long‑standing practice, senators and representatives are paid during shutdowns because of the Constitution and a permanent appropriation, but political pressure has produced pledges to refuse, donate or escrow pay and multiple legislative attempts to change that framework [1] [2] [9].