Argument: The US Constitution makes no provision for the filibuster
William Kristol. "Break the Filibuster". The Weekly Standard. May 9th, 2005: "SUDDENLY DEMOCRATS ARE WRAPPING THEMSELVES in the Constitution. Emphasizing his commitment to maintaining the filibuster as a way to stop President Bush's judicial nominees, Senate Democratic whip Richard Durbin said last week, 'We believe it's a constitutional issue. . . . It's a matter of having faith in the Constitution.' The trouble is, the filibuster is nowhere mentioned, or even implied, in the text of the Constitution.
Suddenly, too, European liberals are discovering the virtues of the Founding Fathers. On the same day that Durbin was confessing his faith in the Constitution, the editors of the Financial Times were urging Bill Frist to 'cease and desist' his efforts to break the filibuster, imploring him to 'reread the wisdom of the Federalist Papers.' The trouble is, the filibuster is nowhere mentioned, or even implied, in the Federalist Papers."