When asked specifically if he believes the committee is unconstitutional, Paul said, "I don't think there's any doubt about it.

"Where does it say that we can set up a program like this and then … pop something back into the House and Senate and say you have a vote, you can't take it to a subcommittee or full committee?" he asked. "So no, that is not what was set up by the Constitution. That was so far removed that it almost becomes a silly notion."

Other Republicans have so far called for the transparent operation of the supercommittee, but have not gone as far as Paul's argument that it is unconstitutional. Rep. Diane BlackDiane Lynn BlackRyan picks his negotiating team for tax cut bill Overnight Finance: House approves motion to go to tax conference — with drama | GOP leaders to consider Dec. 30 spending bill | Justices skeptical of ban on sports betting | Mulvaney won't fire official who sued him Lawmakers take to Twitter to spread the Thanksgiving cheer MORE (R-Tenn.) said this week that the committee would not operate as a commission, and would be made up of members and make recommendations that Congress can accept or reject.

But as Paul indicated, the committee's recommendations are privileged, as they are not open to amendment and must be voted on by Dec. 23.