The Senate’s failure to pass the SAVE Act, which would require documentary proof of citizenship to vote in federal elections, is a testament to the power of the managerial regime. The bill does not attempt to remake the constitutional order, abolish federalism, or nationalize election administration in any comprehensive sense. It addresses a narrower, more elemental question: whether the American people, acting through their representatives, may insist that those who vote in American elections are in fact American citizens. The answer under the present regime appears to be no.
This is one more instance of a now-familiar pattern: the American people express a preference through elections, their representatives assemble a legislative response, and the legislature proves incapable of translating that preference into law. The constitutional machine, once praised for its capacity to refine and elevate popular judgment through its aristocratic elements, now increasingly appears to dissolve judgment altogether into a diffuse and unaccountable veto.
What is a republic (in the classical sense) if it cannot act on matters essential to its own political existence? And what becomes of constitutional forms when the ends for which they were designed can no longer be secured through them?
The Mixed Regime and Its Assumptions