The Civics Project: Don't blame the 'Founding Fathers' for the filibuster Kevin Wagner Answer: No, though that is a commonly held belief today. The filibuster, which allows a minority of members to block legislation in the Senate, is an accident of history that was not part of the design of the Senate. The U.S. Constitution does not mention the filibuster. There is no explanation of the filibuster nor a defense of its role in the Federalist Papers, either. Indeed, the drafters of the Constitution limit the requirement for supermajorities to very specific circumstances, like impeachment. In Federalist 58, James Madison specifically rebuffs the need for more than a majority in legislation, noting that any benefit in slowing deliberation or shielding some interests is outweighed by the costs. He wrote, “an interested minority might take advantage to screen themselves” or “extort unreasonable indulgences.” In Madison’s view, majority rule was an essential requirement of a free government.