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 Black Diane Lynn BlackBottom line Overnight Health Care: Anti-abortion Democrats take heat from party | More states sue Purdue over opioid epidemic | 1 in 4 in poll say high costs led them to skip medical care Lamar Alexander's exit marks end of an era in evolving Tennessee 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.