Congress makes the laws, the Executive enforces the laws, and the Judiciary interprets the laws. Congress can't sit in judgment on the laws it passes. The Executive can't legislate. So which branch is left to do the dirty work? Bing! The Judiciary! Just because you disagree with specific court holdings doesn't mean the Constitutional framework is flawed. To the contrary, it's a work of political genius. Go back and read Federalist 78.
I think Federalist 78 supports your view to an extent but it also supports the view that simply ignoring what the Judiciary has to say...just refusing to enforce its judgements...is a legitimate exercise of Executive power. It also unambiguously states that the Jusiciary is the weakest branch. And how can one possibly say that the Supreme Court today is the weakest branch? It's arguably the dominant branch.
And who protects us from circumstances in which members of the Judiciary substitute their own will for the original understanding of the Constitution? That has happened an awful lot. In fact it is broadly accepted. Routine. Can you, for instance sit with a straight face and type that those who ratified the language of Aritcle I generally understood the commerce clause to mean the national government has the authority to tell a farmer he can't grow wheat on his own land for his own consumption because that activity "affects" interstate commerce?
It's not that I disagree with any particularcourt holding. The problem I see is systemic. Instead of the Constitution controlling what the Judiciary says, the Judiciary controls what the Constitution says. And when the Court says the Constitution says something that it does not really say, there is no recourse. The end result is that we are not governed, ultimately, by the Constitution at all. We are governed by a council of nine unelected and unaccountable officials who cannot be removed from office and have reached a point where we might as well not even have a Constitution. "Constitution" has become just a word that lends an aura of reverence to what the council of nine unelected individuals decrees.
In this case the effect of the court saying the health care law is unconstitutional would be an effect I favor. And I would also agree that the Constitution does not authorize the Federal government to be what it's doing in this case. But there's a lot of other stuff that the Constitution doesn't authorize the Federal government to do that it IS doing specifically because the Judiciary deviated from strict adherence to an honest effort to stick strictly to the original understanding and language of the Constitution. The system is rotten even if the result is one I favor in this case.
It's as I've said many times before: Favoring the current level of power enjoyed by the unaccountable and unelected branch of government because one agrees with the effects...the balance of the decisions...is like favoring monarchy as a form of government because the king has been a good king. There is something fundamentally wrong with granting the kind of power we have granted to the Judiciary to a council of unelected and unaccountable officials.