Usually someone else thinks of something before me, but this time, I think I got there first.
One of the reasons the filibuster is unconstitutional is because the Constitution says the VP breaks ties when they are equally divided. Here’s my argument on November 23, 2009. And here’s an article in the New York Times, today.
At the time I put the argument forward, I found it nowhere else after a Google, Nexis, and Westlaw search. Doesn’t mean I was the first person ever, but it’s nice to know I’m at least with it somewhat this time.