Actually the Constitution gives Congress the power to make it's own rules and procedures, see article 1, section 5, clause 2.
The filibuster has long been recognized as a legitimate tactic in Senate proceedings in accordance with that clause. You had better hope it's not done away with, because it may well be the only restraint on the Democrat Senate for the next 8 years of Democrats controlling both houses of Congress and the White House.
Yes.. of course, Congress can make it’s own rules about how to conduct business. I have NO PROBLEM with the use of the filibuster for legislative issues in the normal conduct of Senate business. It’s a GOOD thing..
But, the confirmation of judges is a special act, that is described in Article II, Section 2. For treaties, it is clearly spelled out that a 2/3’rds majority of the Senate is required. For ALL other confirmation duties... no such requirement is made, which implies that a majority is sufficient. All constitutional scholars agree on this point: When the founders wanted super-majorities to be required, they specified it.
Thus.. the Senate has NO right to require a “super-majority” for the confirmation of Judges. They DO have the right to waive completely Senate confirmation of lower level judges.. but, the do NOT have the right to require a 60% vote.
This is a vaguery that NEEDS to be cleared up and defined, once and for all. We were SO close to doing this.. until the Gang of 14 screwed it up...