The Court should not be a super-legislative body, making policy as it chooses. Congress makes policy.
And yet you rely on just that sort of case law in your arguments. Hilarious.
Congress makes policy.
Indeed. I agree. The question that arises, then, is what check is there, in our system, to prevent the Congress or any branch of the fed gov from expanding its power beyond the intended limits. I intend to find an answer for that one at a later date.