But they are. The courts even overturned constitutional amendments voted on BY the people because they disagreed with them.
So yes they do presume to do so and WE have yet to form a coherent response, either philosophically or physically.
We better act real soon. OR we will not be able to act at all.
Legally, of course.
The states always have the 10th Ammendment to fall back on and as we go forward into more and more unraveling of the Republic they will start to do so again.