The problem is the judge / courts and our refusal to deal with them. If the judicial branch doesn't like a law all they can do is wait for someone to be arrested and set them free. That's how checks and balances work. (or are supposed to) e.g. - Legislature makes a bad law - The Executive branch must uphold said law - The courts turn all people affected by this free because, bad law - The people get sick of the stupid and money wasting then replace the legislature