Wisdom of Solomon,
I like you believe our courts have failed us in many ways but the congress has to take more of the blame for diminishing basic constitutional protections and limitations.
The reason the founders undertook writing the constitution in the first place was to keep the union whole. Other constitutional republics have failed in the past. The American version imagined by the founders was ratified after much deliberation. The rules were established to keep government under control by purposely limiting the power to do certain things that undermine the peoples trust in their FORM of government.