I see what you're saying; however, I would stress as a matter of utmost importance that the other two branches have an equal responsibility to uphold the Constitution. That the court is there does not abdicate that responsibility (See CFR bill passed by both houses of Congress and signed by the President, because he felt the court would overturn the unconstitutional parts).
I agree completely. The court is often the check though when one of those other branches fails at this responsibility. And yes, CFR is an excellent example of such a case.