[EternalVigilance]

No act of Congress was involved here, so your point is pointless.

Obviously, the fact that the courts cannot just make up laws from whole cloth goes over your head.

[dirtboy]

Obviously, the fact that the courts cannot just make up laws from whole cloth goes over your head.

Try re-reading the 1st Amendment. It starts with "Congress shall pass no law". Which means Congress is the relevant body here.