We have never not been able to use the system the way its designed. The problem is that the way its designed is as a selection for which wing of the capitalist class gets to dominate society, not a way for the working class to direct society. The fact that the working class is not in control has not been challenged by the recent midterms.
There’s still a chance we can use it for the good by working within it.
I do not see why you believe this. Every time socialism has been implemented through largely peaceful means, such as Allende in Chile, the capitalist class oversteps the boundaries of legality to directly sieze the state, because they already own the economy and can do so at will. How do you grapple with this without revolution?
And no, revolution isn't something you just do, it requires an organized working class, a mass socialist revolutionary party of trained cadre, and a crisis in the capitalist class. That's how you make a revolution, by advancing the former while awaiting the latter, which is made inevitable by capitalism.
They would love to implement martial law. They’ve threatened to, they’ve tried to, but they can’t. Don’t give them the pretext. Not as long as the electoral results are respected, and the duly-elected governments are seated as mandated by the constitution.
They absolutely can implement martial law at any time. They do not need pretext to do so, that just helps them save face. The state is not a neutral body, it's something that co-evolves along with the mode of production, and therefore rests upon the property relations therein.