if we cannot check the judiciary on these matters - then where can we check them? if we can't elect an executive, accountable to us through the vote, to conduct matters involving war and foreign powers, what powers do we want our elected executive to have? do we have to cede these powers to the courts as the final arbiters too?
The Constitution has a complex set of checks and balances. No single branch is unaccountable, somehow, to another; and all members are subject to removal if their conduct gets too far out of bounds.
But the guy who said "A Republic, maam, if you can keep it." was precient indeed. "We the people" are the fourth branch.