Since the forefathers were wrong and the court could not keep the exectuive branch in check during both the Civil War and more so during FDR's term, I would say that the system failed. But you actually argue that because the Consitution was not taken out of the National Archive and burned, that we still have a perfectly functioning system of government.
As an aside, do you consider yourself a neo-Conservative? Who are your top 3 political thinkers?
I admit I am not real well-versed in the various intramural conservative groupings(e.g., paleo, neo-con, etc). I don't read National Review, and I don't make a habit of paying attention to William Kristol or Podhertz, if that means anything to you. If there is an Op-Ed page most likely to agree with me, it is probably the Wall Street Journal, though I don't read it (or any other daily paper) much anymore.
Top 3 political thinkers? I have never thought about it that way. I am not sure if by thinkers you mean theoreticians, or if you would also include practioners. Theory and practice being different animals, the lists would probably be different. Just throwing it all together, I admire much of James Madison's work. I admire much of Abraham Lincoln's ideas. John Adams did a lot of great work. I admire some of Martin Luther King Jr.'s work, too. None of them was perfect, or even close to it. But they all made contributions which I admire. As for people now living, I like Justice Scalia. And the columnist Mark Steyn is very good.