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When the federal government shuts down, 800,000 federal workers lose paychecks, and the ripple effects reach all corners of the economy.

However, one group still gets paid: the lawmakers responsible for the stalemate.

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That's what Sen. John Kennedy says he wants to change.

Last week, the Louisiana Republican introduced two bills that would block members of Congress from receiving paychecks during a government shutdown. The goal, he says, is simple: to make Washington feel the same pain as the people it's failing to pay.

“I don't see missing paychecks or empty dinner plates as leverage or bargaining chips,” Kennedy said in a statement [1].“If we can't do our jobs and fund the government, we don't deserve a paycheck – plain and simple.”

His proposal hits an emotional nerve at a time when public trust in Congress is near record lows. But experts say it also raises a thorny question: Is this a bold act of fairness or a constitutional non-starter?

What the bills would do

Kennedy's first bill, the'No Shutdown Paychecks to Politicians Act, would stop congressional pay entirely during any shutdown and eliminate back pay once the government reopens.

His second proposal, the Withhold Member Pay During Shutdowns Act, takes a different approach: it would require congressional payroll administrators to place lawmakers' pay in escrow accounts until the next Congress convenes. In practical terms, that means members wouldn't see a paycheck for months, or even years.

Rep. Bryan Steil, who chairs the House Administration Committee, introduced a companion bill in the House.

“If service members, men and women of federal law enforcement, and other essential employees are working without pay,” Steil said,“members of Congress should not be paid either.”

The message is clear: no work, no pay. But legally, it's not that simple.

The constitutional catch

The 27th Amendment to the Constitution, ratified in 1992 after more than 200 years of dormancy, prevents any law that changes congressional compensation from taking effect until after the next House election [2].

This came into focus during battles over the debt ceiling in 2013, when Congress attempted to make it so legislators wouldn't get paid if they failed to pass required budgets, but it conflicted with the 27th Amendment in that pay would only be postponed [3].

That amendment was written to stop lawmakers from voting themselves instant raises. However, it also prevents them from cutting their own pay mid-term.

Kennedy argues his second bill avoids that problem by delaying pay rather than reducing it, effectively holding the money in escrow. Critics counter that even that approach could violate Article I, Section 6 of the Constitution, which states senators and representatives, "shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States [4]."

In short: the bills might make a powerful statement, but they'd likely face a constitutional challenge before a single paycheck stopped.

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A popular idea that misses the real pain

About 98% of responses to a recent poll in Jackson, Tennessee, said Congress shouldn't get paid during the shutdown [5], while 96% suggested the same in a poll in Austin, Texas [6].

But the people actually feeling the financial strain aren't on Capitol Hill. They're the rank-and-file federal employees who suddenly stop getting paid.

“Each week, a shutdown subtracts about 0.1% from annualized GDP growth via reduced government activity,” chief U.S. economist Mike Feroli at JP Morgan said last month [7].

During the 2018-2019 shutdown, the Congressional Budget Office estimated the U.S. economy lost about $3 billion in permanent damage that was never recovered [8].

'If the shutdown extends into the Christmas buying season, hurting retailers, that's when financial markets will begin to discount the hit to the economy, magnifying the economic damage,” Moody's Chief Analyst Mark Zandi posted last week on LinkedIn [9].

Shutdowns are far more expensive than they appear. Federal agencies must halt contracts, delay grants, and restart entire programs once funding resumes, an administrative mess that often costs more than if the government had just stayed open.

Even short shutdowns can ripple through household finances. Tax refunds slow, small-business loans are delayed, and housing assistance can stall for thousands of families.

A political move with economic overtones

Kennedy's legislation is unlikely to pass in a divided Congress. But it positions him squarely with voters angry at Washington's dysfunction, and gives Republicans a populist rallying cry heading into the 2026 midterms.

Whether it's“gutsy” or“grandstanding” depends on perspective. Supporters see it as an act of accountability; critics call it political theater.

Either way, the money problem it's trying to highlight is real: every shutdown costs billions, shakes investor confidence, and pushes ordinary Americans into short-term debt.

“If we can't do our jobs and fund the government,” Kennedy said,“we don't deserve a paycheck.”

That line might make for good politics. But for the millions of Americans waiting on paychecks that never arrive, the bigger question remains: when will Congress finally fix the system that keeps shutting them down?

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Article sources

We rely only on vetted sources and credible third-party reporting. For details, see our editorial ethics and guidelines.

John Kennedy press release (1 ); U.S. Constitution (2 ); Brookings Institute (3 ); U.S. Constitution (4 ); WBBJ Eyewitness News (5 ); CBS Austin (6 ); JP Morgan (7 ); CBO (8 ); LinkedIn (9 )

This article originally appeared on Moneywise under the title: This senator's 2 'critical' bills would block Congress' paychecks during shutdown - gutsy move or Constitutional foul?

This article provides information only and should not be construed as advice. It is provided without warranty of any kind.

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