The filibuster is not in the Constitution. The filibuster is actually not even statutory. It's part of the rules of the Senate. Once we have pure majoritarian election, once 51% 51 senators can do anything, we will have lost something really significant. And so we are going to get rid of the, we have cut the filibuster back and back and back. That kind of gridlock forces the majority party in the Senate,. whether it be Senate or the Democrats or the Republicans, I'm not making a partisan point.
Civilization and the pleasantness of everyday life depend on unwritten rules. Early in the 20th century, an English mathematician and government official, Lord Moulton, described complying with these rules as "obedience to the unenforceable"--the area of personal choice that falls between illegal acts and complete freedom. Listen as economist Michael Munger talks with EconTalk's Russ Roberts about the power and challenge of the unenforceable.