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by pessimizer 792 days ago
Other countries don't institutionalize the two-party system by law. Because it would be insane and antidemocratic to create a complicated network of laws that would have to be eliminated state by state in order to ordain that an entire country must be ruled by two intimately-linked private clubs in turn.
1 comments

The two-party system isn't so heavily institutionalized "by law". The law generally gives advantages to parties that pull in more than x% of the vote, and it so happens that the first-past-the-post system of electing representatives makes it very difficult for a third party to take root.
Except our law is nothing like that. You can have a party take 45% of each district across the whole country and end up with zero seats in the House (because the other party took 55% of each).
The first past the post system is encoding a two party system into law. If it makes to hard enough for a third party to take hold, there might as well not be one.

Not everything is spelled in ink.

That's not "encoded into the law". The outcomes of the law are not the same as the law itself.
Practically speaking, they are.

The effect of a law is at least as important as the literal words on the page.