No, I'm arguing the system has failed completely based on the abundance of evidence. Of all the hundreds of thousands of illegal, unconstitutional searches (that we know about) by agents of the government, never once has any government agent ever been criminally prosecuted for their willful violation of the law and the Constitution for their crimes. Further, the courts have ruled, on the rare occasions when challenges have been allowed to have been heard, that government claims of "state secrets" and "national security" supersede due process, legal and Constitutional rights. Our courts and our legal system have failed completely and absolutely in every conceivable way. This total failure has only worsened over time, and there is absolutely no indication that this trend is reversing.