"[T]he judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated.
The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments."
-- Alexander Hamilton, Federalist 78, June 14, 1788
Then how is it the courts are doing just that? or it appears to be....if they have no influence?
It just appears our courts, Judges, and Government are operating as they want to determine using laws and reasons which though might seem to prove their positions do not in fact.....with the attitude lets just see who will oppose after the fact...few oppose when it comes down to it.