Compensation: Executive, Judicial, Legislative Branches
Executive Branch Compensation
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them. US Constitution, Article 2, Section 1
The United States Constitution seems particularly clear about the compensation that the President will get for his service. I would make two notes: 1) it specifies that there will be no emolument,1 and 2) there is no compensation for former Presidents.
I’ve put the Federalist Papers quotes on Executive compensation below:2
“The third ingredient for an energetic President is the provision for its support. Without this, there really would be no separation between the executive and the legislative branch.
“If the legislature could change the salary and benefits of the Chief Executive, he would have to do what the legislature wanted him to do. They might pay him nothing or tempt him with a lot of money. There are men who would never sacrifice their duty for money. But this stern virtue is rare. Generally, power over a man’s support is power over his will.
“There are plenty of examples that confirm this truth, even in this country. Executives have been either intimidated or seduced by the legislature that is paying their salary.
“Therefore, the proposed Constitution pays close attention to this subject. It provides that “The President of the United States shall, at stated times, receive for his service a compensation which shall neither be increased nor diminished during the period for which he shall have been elected; and he shall not receive within that period any other emolument from the United States, or any of them.”
“This is an appropriate provision. When a President is elected, the legislature will state the compensation for his services during his term in office. Once done, they cannot change his salary. It will not increase or decrease until the next presidential election.
“They cannot refuse to pay the President, which could weaken his courage. And they cannot bribe him and corrupt his integrity with more money. Neither the Union nor any State can give him more money. And he cannot accept any other benefits. He can have no monetary reason to not be independent. 73[1-2]
“The legislature both imposes taxes and sets the wages of the executive and judiciary branches. Therefore, all government officials are dependent on the legislature, making legislative encroachments even easier.” 48[8]
“If executive and judicial branches depend on the legislature for their pay, they would not be independent. Therefore, members of each branch should depend—as little as possible—on other branches for their pay.” 51[3]
“To have energy, the executive needs: (1) unity, (2) duration, (3) guaranteed compensation, (4) and enough powers.” 70[4]
Judicial Branch Compensation
The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office. US Constitution, Article 3, Section 1
The first thing that I notice is there is no ban of “emoluments” in this clause. This could be very scary. Judgements could so easily influenced by money. This is what the Federalist Papers say about judicial compensation:
After permanency in office, nothing assures independent judges more than a fixed provision for their support. The comment made about the President applies equally here: a power over a man’s subsistence amounts to a power over his will. The complete separation of the judicial from the legislative power will never happen if judges depend on the legislature for their pay. . .the Constitution provides that the judges of the United States “shall at stated times receive for their services a compensation which shall not be diminished during their continuance in office.”
This is the best provision possible. The value of money and the payment rate for jobs changes. Therefore, the Constitution couldn’t state a fixed salary. An amount that might be extravagant today could be totally inadequate in half a century. Therefore, the legislature must be able to change the salary as circumstances change. However, the legislature cannot lower a judge’s pay. A judge cannot be deterred from his duty by fears that his salary will be diminished. The clause has two advantages. When necessary, the salaries of judicial officers may be changed. But the pay of a specific judge can never be lower than when he was appointed.
The convention set up the compensation for the President and for judges differently. The President’s pay cannot be increased or decreased. Judges’ pay can only not be decreased. . .
This provision for the support of the judges is wise and effective. Together with lifetime tenure, it makes federal judges more independent than any of the State judges. 79[1-3]
Even the Federalist Papers discussion does not talk about emoluments. But is there anyone who would not want to impeach a judge for taking bribes? Apparently, the Founding Fathers assumed that a judge’s compensation would be the only source of income while they were acting as judges.
Legislative Compensation
The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out in the Treasury of the United States. US Constitution, Article 1, Section 6
The Federalist Papers don’t really talk about the compensation that Congress will receive. But a lot of time is spent discussing that the legislative branch of government is the most powerful of the three branches. It is also clear that the writers expected that the American people would become aware of the misdeeds of their elected officials and would not continue to elect those people.
This is, in fact, one of the main themes throughout The Federalist Papers—the American people were expected to defend the Constitution and elect the most respected people to run the government.
e·mol·u·ment a salary, fee, or profit from employment or office: