“It’s an air kiss they’re blowing to the Tea Party,” said Massachusetts Democrat Rep. Barney Frank about the rule. “Anything we’re doing that’s unconstitutional will be thrown out in court. Some of them interpret the constitution very differently, but no, that will not be a problem.”

One House Democratic aide went further, accusing the GOP of using the Constitution as a partisan weapon.

“Both parties are operating under the same set of rules. When Republicans lose, though, they call Democrats unpatriotic and unconstitutional. It’s like the Republicans think that the Constitution will somehow save them from gay people, the poor, minorities and everything else that makes them uncomfortable,” the aide said.