Show Notes

In episode 26, Jason and Matt discuss Article I, Section 6 of the U.S. Constitution which deals with Congressional Pay and Priveleges. The Framers of the Constitution argued about if, when, and by whom Congress should get paid and some other privileges we grant them in order to ensure proper functioning of government.

• U.S. Constitution, Article I, Section 6
  • [1] “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.”
  • [2] “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.”
• Records of the Federal Convention (see vol 1, vol 2, vol 3).
• Col. George Mason In Constitutional Convention argued against states choosing salaries: 
• Mr. Pierce Butler from SC advocated for the states to pay Senators salaries:
  • “Mr. Butler contended for payment by the States; particularly in the case of the Senate, who will be so long out of their respective States, that they will lose sight of their Constituents unless dependent on them for their support.”
• James Wilson in the Constitutional Convention (from Madison’s notes):
  • “Mr. Wilson was agst. fettering elections, and discouraging merit. He suggested also the fatal consequence in time of war, of rendering (perhaps) the best Commanders ineligible: appealing to our situation during the late (war), and indirect!y leading to a recollection of the appointment of the Commander in Chief out of Congress.”
• Charles Pinckney (from Madison’s notes on the Constitutional Convention)
  • “Mr Pinkney. The first Legislature will be composed of the ablest men to be found. The States will select such to put the Government into operation. Should the Report of the Committee or even the amendment be agreed to, The great offices, even those of the Judiciary Department which are to continue for life, must be filled whilst those most capable of filling them will be under a disqualification”
• “the parsimony of the States might reduce the provision so low that as had already happened in choosing delegates to Congress, the question would be not who were most fit to be chosen, but who were most willing to serve.”