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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?

COMMON CAUSE, a left-leaning advocacy non-profit, has filed a lawsuit against the Senate on the grounds that the filibuster defies the constitution. Ezra Klein of the Washington Post, a leading anti-filibuster opinion-maker, lays out the Common Cause case as it has been articulated by Emmett Bondurant, a celebrated litigator and Common Cause board member:

According to Best Lawyers — “the oldest and most respected peer-review publication in the legal profession” — Emmet Bondurant “is the go-to lawyer when a business person just can’t afford to lose a lawsuit.” He was its 2010 Lawyer of the Year for Antitrust and Bet-the-Company Litigation. But now, he’s bitten off something even bigger: bet-the-country litigation.

When people think of the filibuster, many recall the classic film Mr. Smith Goes to Washington. But Senator Smith—the heroic legislator played by Jimmy Stewart—was the little guy using the filibuster to stop the powerful special interests. Today, that has been turned upside down. It is the special interests using the filibuster to stop legislation that would benefit the little guy.

In America's early days, a filibuster was a pirate -- "filibustero" in the original Spanish -- a soldier of fortune who plundered foreign lands without his government's consent.