In it, but not of it. TPM DC

Members Of Congress Still Slated To Be Paid During Shutdown (VIDEO)

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Newscom / ROGER L. WOLLENBERG

The Senate passed a bill unanimously several weeks ago that would have blocked congressional and presidential pay during a shutdown. The House did, too. But House Republicans embedded their no-pay legislation in a bigger bill -- one which would automatically trigger drastic spending cuts, and which has been rejected by Democrats.

The two bills don't agree -- and they must for President Obama to sign it.

Note, even if Obama signed it, there's still a constitutional question. The 27th Amendment forbids a sitting Congress from changing its own compensation; it can only make changes to the compensation of future Congresses. But, really, who's going to sue to stop members of Congress from earning less money.

About The Author

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Brian Beutler is TPM's senior congressional reporter. Since 2009, he's led coverage of health care reform, Wall Street reform, taxes, the GOP budget, the government shutdown fight and the debt limit fight. He can be reached at brian@talkingpointsmemo.com