I just did the "Midday" show on Minnesota Public Radio, talking about the Constitution and the filibuster. It's always strange to do radio over the telephone while sitting at home. Suddenly struck by hunger ten minutes before I was to go on, I fried up an egg and made a sandwich, hoping to get it eaten before I had to go on. The station calls, then puts you on hold, where you can listen to the show as it approaches your segment. I extracted the info about how much time I had, so I knew when they got to the weather, I needed to swallow. Fortified by egg -- freshly hot-fried egg -- I tried to answer the question of what the Constitution says about the current filibuster controversy.
I should listen to it myself to see what I actually said, but my basic point was that the Constitution doesn't say anything more than "Advice and Consent," and the Senate itself needs to define its own role. Is it purely a political struggle? I think it is, almost entirely. One can refer to general constitutional ideas about balancing and checking power, but in the end, you still have to take responsibility for saying when there is a proper balance and how much one branch should check another. The assertion that the Constitution already tells us the answer is just rhetoric.
The show is live-streaming now, but I think there will be a recording eventually: here.
UPDATE: The recording of today's show is up now. I'm on starting at 27:53 for about 4 minutes. Enjoy!