Even the most reasoned and reasonable constitutions reflect the fear and loathing of those who drafted them. The fear is that unless checks and balances are included, and implemented, bad leaders might, indeed someday will, win out. Human nature is just too malleable, too unreliable, fully to trust it. The loathing is of the authoritarianism and even despotism that are certain at some point to win out – absent the checks and balances intended to curtail and control them.
The reason tomorrow’s midterm election is widely considered the most important midterm ever in American history is precisely because the system of checks and balances that until recently seemed impregnable, now seems vulnerable. Given the presidency of Donald Trump, and given the Republican led Congress, which in consequence of his presidency and personality has been supine, and given the federal judiciary, which has been rapidly and, yes, efficiently staffed by Trump and his Department of Justice, the checks and balances on which Americans have come to depend are, at least for now, undependable.
Small wonder that Americans are being feverishly and fervently urged to vote. Given that the legislature and the judiciary have been enfeebled to the point of inefficacy, only ordinary people are left to stand guard. Only the American electorate can trump Trump!