PolicyBrief
H.J.RES. 128
119th CongressSep 30th 2025
Proposing an amendment to the Constitution of the United States to prohibit Members of Congress from receiving compensation for any period during which a Government shutdown is in effect.
IN COMMITTEE

This constitutional amendment prohibits members of Congress from receiving compensation during any period of a government shutdown.

Ralph Norman
R

Ralph Norman

Representative

SC-5

LEGISLATION

Proposed Constitutional Amendment Halts Congressional Pay During Government Shutdowns

This proposed joint resolution aims to amend the U.S. Constitution to stop members of Congress from receiving any pay during a government shutdown. If Congress fails to pass a budget or a continuing resolution, and federal funding lapses, Representatives and Senators would immediately lose their compensation for the entire duration of that shutdown. The goal is simple: create a direct financial incentive for lawmakers to actually do their primary job—funding the government on time.

Putting Skin in the Game

Right now, when the government shuts down, non-essential federal employees are furloughed or forced to work without pay, only receiving back pay once the shutdown ends. Meanwhile, members of Congress have historically continued receiving their salaries, often citing the 27th Amendment (which prevents changes in compensation from taking effect until the next session). This bill bypasses that legal loophole by making the 'no pay during a shutdown' rule part of the Constitution itself. For the 25-to-45 crowd juggling mortgages and rising costs, this is about accountability: if the government stops working because of a political failure, the people responsible for that failure should feel the impact, just like the federal workers and contractors who get hurt.

The Real-World Calculus

This constitutional amendment (Section 1) makes it clear that if appropriations lapse, the paychecks stop. This means if a shutdown starts on Monday and lasts three weeks, the members of Congress lose three weeks of salary. For lawmakers who are career politicians, this is a significant financial hit—a direct, immediate consequence for gridlock. The hope is that this financial pressure will force quicker negotiations and resolution. Think of it as a mandatory penalty box for failing to meet a deadline; it’s designed to make the pain of a shutdown universal, not just for the people waiting for a passport or a small business loan.

The Long Road to Ratification

Because this is a constitutional amendment, it’s not as simple as passing a regular bill. After Congress approves it, the measure must be ratified by three-fourths of the state legislatures—38 states—within seven years. The bill also includes a provision (Section 2) granting Congress the power to pass laws to enforce this rule, which is standard language for constitutional amendments. While the text is very clear on what constitutes a shutdown (when compensation is prohibited), the enforcement laws Congress passes later could be crucial in defining the administrative mechanics of when paychecks stop and start, ensuring there's no wiggle room.

In short, this is an attempt to hardwire better governance into the system. It’s a low-vagueness, high-impact proposal that directly targets the recurring problem of government shutdowns by making sure the people who cause them are the first to feel the financial squeeze.