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Fact check: Do US senators get paid during government shutdowns?

Checked on October 4, 2025

Executive Summary

US senators continue to receive pay during federal government shutdowns because their compensation is treated as protected, mandatory spending under the Constitution, and it is paid from permanent appropriations that do not depend on annual funding bills. Multiple contemporary news reports confirm this legal reality while also documenting that some members voluntarily refuse pay, petitions call for withholding congressional salaries during shutdowns, and legislative fixes face steep constitutional and practical hurdles [1] [2] [3].

1. What people are claiming — clear and contested statements that spread fast

Across the recent coverage the central claim is uniform: members of Congress, including senators, are paid during shutdowns because their pay is constitutionally protected and treated as mandatory spending. Several reports state this directly and provide the same core fact — Congressional salaries are not normally interrupted by a lapse in appropriations — while noting variations in how individual lawmakers respond, with some pledging to donate or refuse pay [2]. Opposing claims — that lawmakers automatically lose pay during a shutdown — appear absent from these sources, replaced instead by public frustration and calls for change [4].

2. The law behind the paycheck — constitutional language and practical mechanics

Article I, Section 6 of the Constitution is cited repeatedly as the legal basis that prevents arbitrary withholding of lawmaker pay during funding gaps; the Constitution requires compensation for members, and Congress has established permanent appropriations to meet that requirement. Contemporary reporting emphasizes that pay is thus treated as mandatory spending and is paid out of a permanent Treasury account, meaning normal shutdown mechanics do not stop salary disbursement [1] [3]. This explanation is presented consistently across the articles and underpins why proposals to suspend pay face structural limits.

3. Where the money comes from — permanent appropriations and mandatory status

The coverage explains that Congressional salaries are funded through a permanent appropriation separate from discretionary annual spending, and that this accounting makes lawmaker pay robust against funding lapses. Reporters describe the salary level most senators and representatives receive and note that the administrative process for payroll continues independently of annual passage of appropriations bills. That separation is the practical reason why federal employees and contractors often stop getting paid during a lapse while lawmakers do not [3] [2].

4. Political reactions — voluntary refusals and symbolic gestures

While the legal framework guarantees pay, the stories also document a political reaction: some lawmakers publicly vow not to accept pay during shutdowns and introduce bills aimed at blocking pay in those circumstances. Coverage shows this is largely symbolic or tailored to political pressure; several members state personal refusal, while others cite financial necessity for accepting pay. Reporters portray these refusals as mixed in political intent — both principled and performative — and note that voluntary action by members does not change the underlying legal arrangements [5].

5. Public pressure and petitions — calls to strip pay face steep odds

Public petitions and activist campaigns demanding that Congressional pay be suspended during shutdowns have drawn significant signatures and media attention, with at least one petition surpassing 97,000 signatures. Reporting highlights public anger and the political appeal of such measures, but it also stresses the practical and constitutional obstacles: changing the status quo would likely require legislation that itself must pass Congress or a constitutional amendment — both difficult in a polarized environment [4] [2].

6. Reporting consistency and timing — why multiple outlets say the same thing

The pieces provided are contemporaneous (October 1–3, 2025) and show a high degree of agreement on facts: senators are paid, pay is protected by the Constitution, some members are refusing pay voluntarily, and public pressure is growing. The consistency across independent reports suggests the factual core is well-established and current as of early October 2025, while the differences among pieces are mostly in emphasis — legal explanation versus political drama — rather than in basic facts [1] [2] [3].

7. What would it take to change the situation — legal and political pathways

All articles indicate that altering lawmakers’ pay during a shutdown would require either new legislation changing the appropriation mechanism or a constitutional change; both routes are difficult because Congress would have to pass rules that reduce its own protections or agree to amend the Constitution. Coverage notes that while individual members can forgo pay or return it, systemic change would be far more complex and is unlikely to be enacted quickly amid partisan divides, leaving voluntary refusals and public pressure as the main near-term responses [5].

8. Bottom line for readers — the practical reality and the debate around it

The factual bottom line is straightforward: U.S. senators receive pay during government shutdowns because of constitutional protections and permanent appropriations; this is documented consistently across recent reporting. At the same time, the political and moral debate is active: some lawmakers refuse pay, petitions press for change, and advocates seek legislative fixes — but structural and constitutional barriers make sweeping change unlikely in the short term. The reporting shows a clear legal fact and an active public-policy debate about whether that fact should stand [2] [4].

Want to dive deeper?
How do government shutdowns affect congressional staff pay?
What is the annual salary of a US senator?
Have there been any instances where senators forfeited pay during shutdowns?
Do government shutdowns impact senator benefits and retirement plans?
How do other federal employees' pay compare to senators during shutdowns?