Adam Winkler has a piece on constitutionality of filibuster the New Republic website. Here is the abstract:
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Arguably, the filibuster contravenes the Framers' original constitutional design. The Constitution generally only requires a majority to take legislative action and specifically lays out where a supermajority is required (as in, for example, the requirement that two-thirds of senators vote to remove an officer impeached by the House). As the Supreme Court explained in the landmark case of Marbury v. Madison, where the Constitution enumerates exceptions to a general rule, those exceptions may be deemed the only ones legally available. In addition, the text also specifies that "a Majority of each [house] shall constitute a quorum to do Business." Today the filibuster requires 60 votes to do much of the Senate's business, such as enacting legislation or confirming judicial and cabinet nominees.
