Are you saying that courts always make decisions based on the Constitution? C'mon now!
Mostly, yes they do. You purported that the Patriot Act (or at least parts) were unconstitutional. When I responded that no part of the Patriot Act can take place without judicial review, you revert to judges acting outside the constitution.
That would make EVERY law passed by Congress unconstitutional according to your defininition.
Nice try, but you have failed to make your point.