I’m not sure that I agree we face a systematic problem. The system set up by the Founders was pretty great. For a man-made system, it was extremely well-thought out and contained few flaws, but that’s why they included an amendment system. I would say that to some degree, the problem is the people.
Most importantly, the people’s unwillingness to hold politicians accountable to the Constitution. Inevitably, the parchment barriers and checks and balances set up in the Constitution would eventually be overcome, and the people were meant to be the last line of defense for liberty. We haven’t done that. We need a revival of constitutionally limited government, but we don’t get that until a large majority of the American people truly demand it. I see the Tea Party as a huge, important step in that direction.
You misunderstand what I meant. What the Founding Fathers established IS great! However, that's no longer the system that operates in the Congress. Too many corrupt, cooked politicians have put their fingers all over the way the system functions internally in Washington such that it isn't even a shadow of what the Founding Fathers intended.
Quick case in point: Despite what they claim, most Congresscritters NEVER read any of the legislation they vote on. They rely on lobbyists and staff members to explain what is in a given bill. Another example - Back when Congress would raise their own pay in the middle of the night and tell you that they didn't vote for it, they were correct; they DIDN'T vote for it because they had established a corrupt system in which their raise would be attached to a bill. Everyone knew which bill it it was. And, Congress, to circumvent the issue of having to take action, created a sneaky system that ANY bill that sat on the docket for 72 hours with no action taken (e.g. floor vote or referred to committee) was considered automatically passed and sent to the POTUS for signature.
This is NOT what the Founding Fathers envisioned. It is a perverted, corrupt manipulation of the system and it is why we must have strict term limits for BOTH the elected politicians AND the bureaucrats who keep the system alive!! THAT's the system problem I'm talking about.