Is the Filibuster Unconstitutional?
As political theatre, Senator Rand Paul's marathon, 13-hour filibuster to protest the Obama administration's dreadful drone policy was gripping. While filibusters have become commonplace these days, they usually only involve a simple notice that one intends to filibuster, which then puts the onus on the other side to round up the 60 votes for "cloture" to end the threat. Paul, however, chose to filibuster the old-fashioned way, by standing on the Senate floor and speaking, as Paul said, "until I can no longer speak." While Paul's valiant protest captured the attention of the political twitterati and evoked comparisons to the classic Jimmy Stewart filibuster film, Mr. Smith Goes to Washington, it raised an important question few people were asking: Is the filibuster unconstitutional?