Issa notes in a statement provided to The Hill that the 27th Amendment to the Constitution prohibits Congress from varying its own pay.

The amendment was designed to prevent Congress from raising its own pay before an election has happened.

“I have not read the legislative text of the ‘No Budget, No Pay’ proposal and how it approaches historically difficult questions about Congressional compensation. I would note that there has even been legal action taken challenging the current system that gives Members of Congress an automatic pay-raise,” he said.

He said that Congress can “certainly withhold pay,” under the Constitution. This may mean that members would have to be paid before the end of the 113th Congress even if they have not passed a budget — raising questions about the effectiveness of the act.