Yes, Congress and the president are being paid during the shutdown. Here's how much and why

As the partial government shutdown continues, around 800,000 federal employees are either working without pay or have been furloughed – told to stay home.

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Both of those situations mean that those federal workers will not be collecting a paycheck until the shutdown comes to an end.

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While the hundreds of thousands of employees have missed at least one paycheck, those who are tasked with crafting and passing the legislation that will fund the government are still getting paid.

>> Government shutdown: Longest shutdown in history

Members of Congress, in addition to the president, vice president, Cabinet members and others are still collecting their pay. Below is a list of how much they make and why their pay is not impacted by the partial shutdown.

Who isn’t getting paid?

About 300,000 federal employees have been furloughed – sent home from their jobs without being paid.

The other 500,000 federal employees are deemed “essential,” so they are working, but are not getting a paycheck. TSA agents are in this group, as are FBI agents. The 500,000 essential employees will receive back pay for the time they worked.

The 300,000 furloughed employees may not.

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Who is getting paid and why?

Those who are getting paid amid the partial shutdown include:

The president

The vice president

Members of the House and the Senate

Some administration officials

Cabinet members

Supreme Court Justices

Service members in the Army, Navy, Air Force and Marines – they are funded through the Department of Defense budget which was passed late last year. However, members of the Coast Guard, which is funded through the Department of Homeland Security, are not being paid.

>> State of the Union address: Can Nancy Pelosi rescind Donald Trump’s invitation?

How much are they making?

Here is a look at the annual salaries for members of Congress, the administration, Cabinet members and the justices on the Supreme Court.

Congressional leadership:

Speaker of the House (Nancy Pelosi, D-California): $223,500

House majority and minority leaders (Majority Leader Steny Hoyer, D-Maryland,

Minority Leader Kevin McCarthy, R-California): $193,400

Senate president pro tempore (Charles Grassley, R-Iowa): $193,400

Senate majority and minority leaders (Majority Leader Mitch McConnell, R-Kentucky,

Minority Leader Chuck Schumer, D-New York): $193,400

The House:

All representatives (including delegates and the resident commissioner from Puerto Rico): $174,000

Chief administrative officer: $172,500

Clerk of the House: $172,500

Sergeant at arms: $172,500

Chaplain: $172,500

Legislative counsel: $172,500

Law revision counsel: $172,500
Parliamentarian: $172,500

Inspector general: $172,500

Director, interparliamentary affairs: $172,500

General counsel to the House: $172,500

The Senate:

All senators: $174,000

Secretary of the Senate: $172,500

Sergeant at arms and doorkeeper: $172,500

Legislative counsel: $172,500

Legal counsel: $172,500

Parliamentarian: $171,315

Chaplain: $160,787

The administration:

President (Donald Trump): $400,000 – Trump donates his salary to various government programs.

Vice President (Mike Pence): $230,700

Cabinet members: $199,700

Supreme Court Justices:

Chief Justice (John Roberts): $267,000

Associate Justices: $255,300

Why are they getting paid?

The short answer is they are getting paid because the Constitution says so.

The salaries of senators and representatives are paid by the treasury and are set by Congress itself. Because they set their salaries, members of Congress must follow specific rules when it comes to changing their pay.

First, members of congress are paid under legislation that is separate from the appropriations bill that funds most of the government. That means the pot of money members of Congress are paid out of is not the same budget used to pay other federal employees.

According to Article I, Section 6 of the Constitution, Congress may not pass any bill that affects pay during its current term. So even if Congress members wanted to vote to suspend their pay during a partial government shutdown, that legislation could not take effect until at least 2020.

The president's salary is covered in the Constitution in Article II, Section 1. Congress can change a president's salary, but not during his or her term.

Who is voluntarily having their pay withheld?

More than 70 representatives and senators

have asked that their pay be withheld or donated

to a charity, according to a CNN story. Click here to see the list of those congressmen and women.