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Madison intended Congress to be the primary check on the president. Unfortunately, that design has a key flaw (as Madison himself realized). The flaw is vulnerability to party politics. It turns out that if a majority of members of at least one body of Congress exhibits a higher loyalty to its party than to Congress, Congress will not function as a reliable check on a president of that same party. This was what happened with Mr. Trump and the Republican-controlled Senate.

Instead, the president’s worst impulses were neutralized by three pillars of the unwritten constitution. The first is the customary separation between the president and federal criminal prosecution

That is why, throughout this fall, even as Mr. Trump urged his appointees in the Justice Department to openly announce a criminal investigation into the Biden family, they did not comply. None of Mr. Trump’s appointees was willing to openly investigate Joe Biden or his family members, let alone issue an indictment or civil complaint.

Imagine if in response to the provocations of Mr. Trump’s lawyer Rudolph Giuliani, a U.S. attorney had charged Mr. Biden with criminal fraud. Even if Mr. Biden ultimately prevailed in court, publicly fighting such charges during an election would be a political and logistical nightmare. The unwritten constitution blocked this line of attack on the electoral process.

Over the past four years, six of Mr. Trump’s close associates have been convicted and seven were indicted, including his adviser Stephen Bannon, his campaign chairman Paul Manafort and his lawyer Michael Cohen. Such prosecutions would be unimaginable in a dictatorship.

Mr. Trump’s plan had the written law on its side. Neither the Constitution nor any congressional statute would have prevented the president from directly ordering active duty military to suppress the protests. The Constitution makes the president the commander in chief of the armed forces and the Insurrection Act of 1807 allows the president to use the military or National Guard to suppress civil disorder, providing a broad exception to the general rule barring domestic use of the military.

in other cases, such as his anti-Muslim travel ban, the courts have been too unwilling to look beyond form to ferret out unconstitutional motive. More generally, Mr. Trump has tended to move fast, while the courts are slow, and to operate by threat, which the courts cannot adjudicate.

The bigger and more important failure was Congress. Madison intended Congress to be the primary check on the president. Unfortunately, that design has a key flaw (as Madison himself realized). The flaw is vulnerability to party politics.

It turns out that if a majority of members of at least one body of Congress exhibits a higher loyalty to its party than to Congress, Congress will not function as a reliable check on a president of that same party. This was what happened with Mr. Trump and the Republican-controlled Senate.

The problem is chronic, but over the last four years it became virulent. Confronted with a president who was heedless of rules, Senate Republicans, in ways large and small, let him do what he wanted.

They allowed acting appointees to run the federal government. They allowed him to claim a right to attack Iran without congressional approval. The impeachment process was reduced to nothing but a party-line vote. The Senate became a rubber stamp for executive overreach.

Instead, the president’s worst impulses were neutralized by three pillars of the unwritten constitution

The first is the customary separation between the president and federal criminal prosecution (even though the Department of Justice is part of the executive branch).

The second is the traditional political neutrality of the military (even though the president is the commander in chief of the armed forces).

The third is the personal integrity of state elections officials.

The Constitution makes the president the commander in chief of the armed forces and the Insurrection Act of 1807 allows the president to use the military or National Guard to suppress civil disorder, providing a broad exception to the general rule barring domestic use of the military.

That is why, throughout this fall, even as Mr. Trump urged his appointees in the Justice Department to openly announce a criminal investigation into the Biden family, they did not comply. None of Mr. Trump’s appointees was willing to openly investigate Joe Biden or his family members, let alone issue an indictment or civil complaint.

Prosecutorial independence was not limited to refusing to indict Mr. Trump’s political adversaries; it also extended to indicting his allies. Over the past four years, six of Mr. Trump’s close associates have been convicted and seven were indicted, including his adviser Stephen Bannon, his campaign chairman Paul Manafort and his lawyer Michael Cohen. Such prosecutions would be unimaginable in a dictatorship.

On June 1, as protests and counterprotests occasioned by the killing of George Floyd became violent and destructive, Mr. Trump appeared in the Rose Garden of the White House and denounced what he called “acts of domestic terror.” He said he would “deploy the United States military” if necessary to “defend the life and property” of U.S. citizens.

an unwritten norm has long held that the president should not dictate law enforcement decisions in general, and criminal prosecutions in particular.

Mr. Trump’s plans ran afoul not of the law, but of an unwritten rule. In a few days, the active duty troops gathered around Washington were sent home. Though briefly tested, the norm had held.

Despite the pressure, Mr. Raffensperger and the state’s governor, Brian Kemp, held steady, along with an overwhelming majority of state elections officials around the country. They have refused to “discover” voting fraud without good evidence of it. Party loyalty — at this point — seems not to have fatally corrupted the vote-counting process.

Might this welcome result be credited to constitutional design? Not really. The states are an important part of the constitutional design, and the document does give them a central role to play in federal elections. But what seems to have mattered most, in terms of ensuring the integrity of the voting process, was less the constitutional structure and more the personal integrity of the state elections officials. Their professional commitment to a fair vote may have spared the Republic an existential crisis.

Madison famously wrote, “If men were angels, no government would be necessary.” Cynical minds have read this line to mean that we should never trust people and should rely only on structural controls on government power.

The last four years suggest something different: Structural checks can be overrated. The survival of our Republic depends as much, if not more, on the virtue of those in government, particularly the upholding of norms by civil servants, prosecutors and military officials.

as every major moral tradition teaches, no external constraint can fully substitute for the personal compulsion to do what is right.

Madison, too, saw the need for this trust. “There is a degree of depravity in mankind,” he wrote, but also “qualities in human nature which justify a certain portion of esteem and confidence.” A working republican government, he argued, “presupposes the existence of these qualities in a higher degree than any other form.”

It is called civic virtue, and at the end of the day, there is no real alternative.