What exactly do you mean by that PenWing. I hear the comment a lot, but never understand what people are complaining about.

Isn't it the job (or part of the job) of the Supreme Court to determine what is or isn't constitutional?

If they overrule or confirm a given bit of legislation, or the application of legislation, isn't that just fulfilling their constitutional role?

If the legislature or the executive gets to set law indiscriminantly (or allow prosecuters to enforce it w/o judicial oversight) is there even a need for a constitution?

When you get right down to it isn't the independent judiciary what sets the US system apart from most others? The true source of our freedoms?

Cheers!