Congressional Pay and a Government Shutdown

With the threat of a government shutdown, I have noticed a significant amount of people expressing or posting on social networking sites a sentiment similar to the following: "If President Obama and Congress shut down the government and withhold pay from federal workers, they shouldn't get paid either!"

I not singling you out if you told me something like this, because it's been everywhere and it's driving me crazy. Whatever you think of a government shutdown, revoking congressional pay is horrendous idea. It's really just awful. I realize that members of congress are on America's "We Hate You" list right now, (frankly, they're on mine a lot too) but we need to think before we say things like this. Below are the 3 main reasons I would like to suggest to you that this is a horrible idea:

#1 - It's Illegal

Even if every single member of the United States House of Representatives and Senate stopped their debating right at the moment you read this (as I write a shutdown has not taken effect yet) and said "you know what? We shouldn't get paid during the shutdown." there's very little they would be able to do. Why? The 27th amendment to the consitution of the United States of America:
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
In other words, if congress changes their pay in any way, (including reducing or withholding it) those changes don't take effect until the next congress begins. (A new congress - the entire house and a third of the senate - is elected every two years) You may think a law such as this was created to protect the salaries of members of congress, but in fact the opposite is true. The idea behind this law was that if members of congress wanted to increase their pay, they would have to face re-election before that pay raise took effect. This would prevent congressional pay from escalating out of control.

#2 - It Would Favor Rich Members of Congress

America tends to view it's representatives as rich and well paid. That does tend to be true of members of congress, who receive a $174,000 salary. However, a wide-spread misconception is that members of congress earn all their money from taxpayer funds. The majority of the members in congress are independently wealthy before their arrival on capital hill. Whether or not you think this is right - it is understandable. Running for congress is a full-time unpaid position, and the legal expenses alone (just to fill out all the campaign finance forms!) to run for any elected position are enormous.

Playing with congressional pay - including not paying them sufficiently or occasionally withholding their pay - would almost certainly undermine the integrity of the congressional process. (Such as it is) In this case, the few members of congress who are not independently wealthy would almost certainly be at a disadvantage. Do we really want congress to base its decisions on how long they can go before purchasing groceries? Although democratic members of congress tend to be slightly more wealthy, there is a combination of rich and not-quiet-as-rich in both parties.

Before you go saying that $174,000 should be more than enough to save for a rainy day - consider for a moment how many more expenses you would face as a congress person. You would have to fly back and forth between your home and Washington DC all the time. (Congressional flight reimbursement is a murky area, and wouldn't even come close to covering trips of a personal nature) What about protection for you and your family? The insane media frenzy doesn't end when you go home for the day. What about school for your children? Do you want to send your child to public school unprotected? What if - heaven forbid - some crazy protester decided to harass (or worse) your kids?

#3 - Frankly, It's Just Stupid

These comments are often made out of concern that some essential government function is going to end during the shutdown. (Postal Service, Social Security, ect.) Most of the time, these people are in fact wrong. Keep in mind that government "shutdown" is really a misnomer. In fact, early estimates say that during the so-called "shutdown," 76% of federal workers would still be working. That's also not including the entire military, which would continue working as usual. All these people typically receive back pay once congress gets its act together.

The Postal Service will continue to deliver your mail. Social Security checks will continue to be issued. Food will continue to be inspected. For heaven's sake, the State Department is going to continue to process passport applications! So breathe. Chances are, it's not as bad as you think it is.

(Note: this is not to say I think it's a good idea. I don't. However, let's make sure we at least understand what we're complaining about so we don't sound like idiots.)

Conclusion

It's easy (and very understandable) to be frustrated with congress right now. I join you in that feeling. However, we're not doing our civic duty properly if we throw up our hands and just want to punish everyone. Let's think things through before we suggest things that are potentially damaging to our democratic process.

Disclaimer: I typed this up quickly and without doing a bunch of proofreading. Let me know if you find something misspelled or a fact not exactly right, and I'll fix it. Thanks!

Comments