Most of the discussion revolves around the political environment/reform; I would say the failure lies with the justice system.
In each case illegalities and abuses are being allowed or ignored. Where is the check and balance the courts are supposed to provide?
If its over-reach the courts should reign it within the law and/or constitution; if its illegal the courts should call the gov't on it.
Unless you want to make the argument that the entire system (political and legal) is just a black-hole of corruption and special dealing; then indeed: America is exceptional...
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