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The counterargument I see for that is: The founding fathers were aware of those problems, and chose to act anyway. They did not claim to solve all problems, only lay a framework in which problems could be solved. It is a huge mistake to blame our current government on the choices of the founding fathers (let's be honest, reason 3 is the biggest reason people promote this view). Yes, there are mathematical flaws in their system, but there are like flaws in other systems.