You can not make rules to fix a problem that is at its heart not about rules. It’s about universal adherence to democratic ideas, mutual toleration of decent and institutional forbearance with the powers they have.
The problem is, when one side abandons those ideas there isn’t much that can be done. You can’t force an outlook, and you can’t codify it either. So long as there are rules, anyone unwilling to follow democratic tradition will always find an exploit. The only thing we can do is keep those anti-democratic forces from power. That means potentially making some very uncomfortable allies to create a supermajority coalition capable of denying anti-democratic forces any power at any level of government.
Democracy is a highly unnatural form of social order, it requires us to subdue a lot of natural tendencies. It means we have to defend the other side, we have to respect their voters, we have to acknowledge when they win and we have to not use power when we have it to help us continue to have it regardless of popular will. The GOP in its current form is sliding to illiberalism and anti-democratic tendencies, and it has been for a while. Ever since Newt Gingrich popularized a vernacular of calling the other side as the unacceptable enemy, it has been radicalizing. It’s a dangerous time, but it’s much bigger than just Trump or McConnell, and we can’t think that it can be solved with just a few tweeks. We need a wholesale restructuring of right wing politics in the US and that isn’t going to happen easily or quickly.
What do you call the constitution? Laws in general? The concept of checks and balances is to try to keep those in power under control.
The system is being abused to the point of breaking, but I’ll take bandaids while also looking for better solutions over someone saying that bandaids aren’t enough.