Contrary to the claims of Democrats and nearly all of the media, democracy didn’t die on Wednesday when the Senate filibustered another effort to nationalize the election laws of 50 U.S. states. The U.S. system was vindicated in that a narrow, partisan majority of 50 Senate Democrats wasn’t able to steamroll America’s constitutional federalism.
The 49-51 Senate vote wasn’t close to breaking the 60-vote filibuster, as Republicans were united against the Freedom to Vote Act that was supposed to be a compromise intended to lure Republican votes. That it failed to get any is due to the 592-page bill’s overreach of attempting to impose California-style progressive voting rules on all 50 states.
This includes a federal right to a mail ballot, overturning laws in 16 states. There’s also the not-so-small matter that the Constitution vests state lawmakers, not Congress, with the “Manner” of choosing presidential electors. The bill would unleash a flood of constitutional litigation heading into an election year.
The bill’s failure is producing another round of demands from the left that Democrats must eliminate the filibuster rule to save the right to vote. It’s all so overwrought. Americans can vote as easily and in as many ways as they ever have in history. Democrats are trying to pass the most radical agenda in decades with the narrowest majorities in decades. That’s their real problem.
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Appeared in the October 21, 2021, print edition.