“Then we need a new system. This one hasn’t worked for generations.”
It’s reactive because the law makers enact and the judges decide whether their actions fit the framer’s intent; the constitutions. Historically, you can’t make that decision until you see how the law works in actuality. Hence the concept of “standing.”
The reason it’s not working is that judges have become activists and are legislating form the bench. That’s the problem that needs addressing.
Even the concept of standing is broken. As far as the courts are concerned, not a single American has standing regarding Obama’s eligibility.