The System Has Failed - Background and Production

Background and Production

In 2002, Mustaine announced that he was disbanding Megadeth due to an arm injury that rendered him unable to play guitar. Mustaine subsequently recovered following months of physical therapy.

The album was recorded at Oceanway and Emerald Entertainment in Nashville, Tennessee and at Phase Four Studios in Tempe, Arizona. In a promotional statement from Megadeth's then-label Sanctuary Records, Mustaine clarified that recording the album had been "liberating", due to having more control over the record than he had had since the first two Megadeth records. Mustaine also noted that he initially took a casual approach to the album, starting out working three hours a night, four days a week.

Originally intended to be a solo debut by Dave Mustaine, the record was re-branded with the Megadeth name as a result of contractual obligations owed to Mustaine's publishing company. Mustaine co-produced the record with Jeff Balding, who had previously engineered Cryptic Writings and Risk.

Upon restarting Megadeth, Mustaine contacted bassist and founding member David Ellefson about resuming bass guitar duties for the band. Those efforts were ultimately fruitless, however. Ellefson claimed that Mustaine was not financially willing to pick up "where it was when broke up" and so he did not return as Megadeth's bass player.

The cover art was designed by Mike Learn, and features Vic Rattlehead at a podium in front of the United States Supreme Court building selling a not-guilty verdict to then U.S. President George W. Bush. Saluting is Hillary Clinton, next to former President Bill Clinton. Behind President Bush, Vice President Dick Cheney holds a briefcase labeled "plan B". Behind Cheney are several other Bush Administration officials: Then National Security Advisor (and later Secretary of State) Condoleezza Rice, Defense Secretary Donald Rumsfeld and Attorney General John Ashcroft. The $100 bills on the cover depict Vic Rattlehead's face rather than that of Benjamin Franklin.

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