If you read early communications between Adams Jefferson, Madison there were grave concerns concerning the judiciary finally concluding idealy that they (judges) would use restraint. Guess you can't win em all.
Seems the same 'tude opted by President Bush-when the enemy
was determined to destroy the Honorable Roy S.Moore.The
Presidents pick for the Judiciary had traded his belief
for ambition and decided to be a team player submitting to
whatever the higher Courts declared more important than the Rule of Law. So Law was preverted. Even Ed Carnes was
cited in the Federalist webpage at that time as claiming it was about "how the courts have interpreted the first
amendment for years. "How I wish the governemnt would restore what has been taken from us while we slept.