What put the Court in this spot? The Constitution did.
Who worked to make the law of civil rights “sexy”? Generations of activists did.
Blunt truth: there isn’t a single scheme of man that does not have some Achilles’ heel in it somewhere.
Actually, the Constitution did not empower the court as we know it today. Beginning with John Jay, the justices accumulated power to themselves and have continued to do so unchallenged throughout American history.
The Constitution makes the judiciary the third branch (Article III). Section 2 of Article III provides only very limited powers to the court. Following are the court's Constitutional powers, verbatim:
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;— between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.
Nothing in there about them having the kind of oppressive unilateral power they wield today.