As “shutdown looms” becomes standard fare for headline writers across Washington, lawmakers are already saying they shouldn’t be paid during a government shutdown, given that funding the federal government is one of the primary jobs of Congress.

But the Department of Treasury is obligated, constitutionally, to pay members in full due to a clause in the 27th Amendment that blocks officials from “varying the compensation for the services of the Senators & Representatives” between elections.

Lawmakers are eager to demonstrate accountability by calling for Congress to not get paid if they fail to avoid a government shutdown.

Reps. Abigail Spanberger (D-Va.) and Brian Fitzpatrick (R-Pa.) have a proposal to to skirt the 27th Amendment problem by getting the House Chief Administrative Officer, who issues members’ paychecks, to hold them until the end of the 118th Congress. The CAO’s office said it is looking into the matter.

During previous shutdowns, many lawmakers pledged to donate their shutdown salaries to charity.

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