It depends upon how, in a future case, the Supreme Court interprets the first decision on terrorism law to be issued following the September 11, 2001, attacks — Hamdi v. Rumsfeld.
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Nowhere in the Constitution is there a requirement that, to get anything controversial done in the Senate, the votes of 60 senators are necessary.
It might be done by amending the Constitution.
The sponsors of the “Personhood Amendment” were betting on a change in the composition of the Supreme Court.
There are many reasons why power has flowed toward Washington, but the anti-filibuster rule would be far down the list, if it has been a factor at all.