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It has no basis whatsoever in the Constitution. Professor Randy Barnett, a thoughtful and respected libertarian-conservative, that it’s “a defining characteristic of our constitutional structure.” While we disagree on many things, I share some of Barnett’s principled stances, including opposition to packing the Supreme Court. But he’s flat wrong on the filibuster, especially under an originalist and textualist approach to constitutional law. No such rule existed during the Senate’s first 17 years. The text of the Constitution ( ) is plain: “Each House” of Congress may freely “determine the Rules of its Proceedings” and “a Quorum to do Business” is defined as “a Majority of each.” Rulemaking, legislation, and confirmation of presidential nominees require a mere majority of a quorum present and voting in pointed contrast to seven provisions expressly imposing a two-thirds supermajority for various purposes:

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