What has happened is that Congress lets the courts get away with legislating from the bench because Congress is afraid to actually legislate on certain issues for fear of angering the people.
It's Congress' way of avoiding responsibility by saying, "It wasn't us; it was the courts!"
Congress became too small-as intended-by the 1930’s.
In 1894 number of congresscritters was capped where it is today.
Original congressional apportionment was 1:30000 people. That would give us a congress of 10000 congrescritters today.
Meeting from their districts electronically. Would devolve power out of DC into states. “national consensus” would happen only on the very great things -defense-borders-balanced budget-and would keep outfits like Pfizer from buying DC
Oligarchys and large business now own Congress and DC
there’s only about 5000 people in DC and Federal judiciary you have to own to run Fed.gov presently