The filibuster isn't just absent from the Constitution--it's blatantly unconstitutional. Here's why:

[PoliticAverse]

1. At any time 50 +1 senators could remove the filibuster rule. Senate Democrats don't even have...

Last edited Fri Oct 8, 2021, 02:25 AM - Edit history (1)

50 votes to end the filibuster.

I could see the argument before the court...

"Justices, the senate filibuster is unconstitutional because it prevents a simple majority from passing legislation".

Q - "Doesn't the constitution provide that the senate shall make its own rules?"

"Yes, but..."

Q - "And can't the filibuster rule be changed at any time by a simple majority in the senate?"

"Yes, but..."

Q - "And hasn't that happened several times in recent history?"

"Yes, but..."

Q - "In fact aren't 2 of the justices here on the bench as a result of changing the filibuster rule so a simple majority vote is all that is necessary?"

"Yes, but..."

Q - So if 51 senators want to pass a certain piece of legislation they can simply change the filibuster rule to end debate and force a vote?"

"Yes."