Actually, there are a number of lawsuits being filed by citizens. Sorry, I can't find the link right now...too tired. Will try and find the info and let you know tomorrow.
Lawyers are all about money not liberty. Most of them are Dem/Obama contributors and supporters. They care not what they can do for the Constitution only what twisting it can do for them.(To those few lawyers who are exceptions, sorry, but most of your profession deserves the comment.) Judges are also a big problem. This is not a battle for the court room IMO.
On your point about people being asleep. If you want to get cheered up, go to main stream media web sites that carry articles on BO, Senate, etc. and their current activities. You will be surprised how many people are awake and really p!ssed at all the things you’ve mentioned.
I agree with others here who say the sleeping giant is awake. I also agree that 2010 may be too late. But people are paying attention as never before and may deem it necessary to do more than voice their dissatisfaction via blogs, internet comments and protests.