The constitutional text

Article I · Section 6

Select any highlighted phrase to understand what it means.

The 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. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.

No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

Source: National Constitution Center edition. Original wording is preserved; commentary explains historical and superseded provisions.

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Article I, Section 6, Clause 1 — compensation

National payment for national legislators

Current text
The 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.

What it means

Senators and representatives receive compensation established by law and paid from the United States Treasury. Their pay therefore depends on federal legislation rather than separate state decisions.

Historical setting

Under the Articles, states maintained their own delegates. National compensation helps make federal legislators financially independent of state governments and makes service more possible for people without private fortunes.

What it does

The Twenty-Seventh Amendment now delays the effect of laws varying congressional compensation until an intervening House election. The original power to legislate compensation remains, but it operates with that additional accountability rule.

Debate & interpretation

Pay can reduce financial exclusion and improper dependence while creating the problem of lawmakers influencing their own compensation. The constitutional design uses public law and electoral timing rather than assuming unpaid service is necessarily more virtuous.

A common misreading

The Constitution does not require congressional service to be unpaid, and the original compensation clause is not the entire present rule.

Think it through

How can public compensation make office more accessible without becoming an opportunity for self-dealing?

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Sources & further reading

Original Madison Center commentary. Explanations distinguish the text, historical context, and interpretive disagreements.

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