Yet the framers worried no less about a tyranny of the minority. While they built in plenty of checks and balances, they did not seek to give veto powers to a minority within the Senate. After all, the latter was already through other designs the place for what Jefferson called a “natural aristocracy” to cogitate and deliberate. The chamber was not directly elected by the people before 1913, but both before and after, it has had an inbuilt bias for minorities, since every state, no matter how small, gets two senators. Never mind the filibuster: we have long been in a situation where Republicans can rule without a majority of the country behind them (for instance, by ramming through appointments to the US supreme court)…

Most important, the Framers sought to avoid the very thing that today makes Manchin’s calls for consensus an act of bad faith: political parties, and an uncompromising spirit of partisanship (or what the Founders called “faction”) in particular. Evidently, Manchin himself does not quite believe in deliberation; why else have a huge placard with big, shouting letters next to him while delivering his speech? And just as evident: were he really so concerned about policies always having “input from all corners of the country”, why not require unanimity? If 51 can constitute a tyranny of the majority, why can’t 60?