Can Congress Dock Its Own Pay?

Law professors are skeptical

House Republicans say they have surefire way to make the federal government cut spending: Freeze lawmakers pay if it doesn't happen. The problem, say legal scholars, is that it's unconstitutional.

One provision a plan to extend US borrowing authority for nearly three months sets an April 15 deadline for the House and Senate to pass a formal budget, The Wall Street Journal reports. The provision specifies that if they don't, lawmakers' pay would be withheld.

But Lou Fisher, a retired constitutional law expert, said the pay provision may violate the constitutional prohibition on Congress "varying" its own pay, a measure designed to prevent lawmakers voting themselves pay increases. While legislators can't boost their own pay for the current congressional session, they also can't cut it.

And Adam Winkler, a constitutional law professor at UCLA School of Law, told Talking Points Memo that the proposal faces a serious hurdle because of the 27th Amendment. "It seems almost certainly unconstitutional. Withholding pay effectively 'var[ies] the compensation' of lawmakers. The amendment doesn't say only raises in pay are invalid. It refers to 'varying the compensation.'"

House Republican leaders don't believe it is unconstitutional, a GOP aide said, because the provision withholds but doesn't change lawmakers' salary.

Via The Wall Street Journal and Talking Points Memo.

Would you like to see Congress dock its own pay if a budget isn't passed?

[marine1]

didn't take much thinking to answer that one?

[PoliticalSpice]

What fool congressional rep or senator would sue blocking their pay was unconstitutional? It might get them their paycheck, but it would cost them the next election.

[marine1]

@PoliticalSpice I just wish that both sides would knock off the bull and get the country back to being #1

[PoliticalSpice]

@marine1 Well, I kinda do to, but I have a reputation to maintain, so I'll just continue to bash the repubs...

[marine1]

@PoliticalSpice O K

[mimi57]

Congress should dock it's own pay until the budget is balanced...they won't.

[Rocker]

Yo Mimi, write that amendment down to repeal at a later date.

[mimi57]

@Rocker Will do!(:

[wangotango]

Of course....if i dont complete a job i dont draw any pay....why should they be any different....maybe just freeze thier pay till they resolve the issue

[jessejaymes]

Isn't this interesting? The congress can give themselves raises but somehow it's unconstitutional for them to stop the pay? boy that's a hell of a job. I wish had a job like that. I can give myself raises but never be held accountable. What a gravy train.

[Roco]

Congress should dock the pay for the entire term since they have not accomplished anything in years.

[FollowTheMoney]

I clicked the wrong tab. Yes they should dock their own pay, but they won't. The members of congress are, first and foremost, in it for the money.

[PNWest]

It's just more grandstanding by the Weeper of the House.

[SignifiedNBlue]

Its absolutely pathetic BS

[whataGOVwehave]

Who gets paid for not doing their job......I don't

[Raptor]

Congress Dock Its Own Pay? Now that is a joke, all they are interested in is money from the lobbyists and a promise of a good job after they get thrown out of office.

[Keyjo]

Congress should out itself on probation and fire itself if it continues to fail to perform.

[DARSB]

Simply a gimmick, and not a terribly smart one, either. This is the same crowd that couldn't avoid damaging our credit rating and couldn't make the Super Committee work and couldn't get all the fiscal cliff time bombs disarmed before Congress 112 was gaveled out. The odds of them passing a plainly unconstitutional bill seem ludicrous to even calculate.

I will bet, though, that after today's inaugural speech, this silly idea won't be heard again.

[Bobolinsky]

As I understand it... Congress has been in violation of the law since 2010 when it failed to pass a budget by the first Monday in February. My opinion is that lawbreakers don;t deserve to get paid for breaking the law.

[scotta]

I have Always said that their should be a base pay and the tax payers vote each year to see if the 3 branches of government get a raise.

[BetsYrOSs5119]

Can they? Yes. Should they? Maybe. Will they? Probably not. If I show up late for work and have no PTO to cover it, should I get paid for how late I was? No. When our reps and senators don't show for votes or delay actions, yes, it'd be fair to see them all docked for bad behavior like this. Regardless of party or level of office.

[harold_lloyd]

Sure it's a gimmick, cut it anyway.

Then close the Capitol barbershop, and the gym, and take away all the other perks. And charge them rent for their offices. Lay off their staffs, and make them answer their own phones and do their own typing.

[MadAmerican]

You can sure tell who on here are democrats. The minute they are threatened with anything they always blame the republicans.

[MarkJM]

Should be the first group of people who gets a paycut. All of it too. If you fail to do your job, you don't rate to get paid.

[HungryJoe87111]

Especially those international junkets, the subsidized haircuts, subsidized lobster meals, shoe-shines, etc. at the Capitol Building. Can and Will It Dock Its Own Pay are two different things, lol.

[Pflack]

How about forfeiture of pay, instead of just delaying it.