LOL calm down man. You are on the internet first and foremost, and also can you imagine if I had the attitude you do? If people so much as say an "Obama neutral" comment on this board they're roasted yet you don't see me crying every time someone disagrees with me (often in snarky ways). Take a breath, it's ok, I don't mean to attack you personally or anything take it all w/ a grain of salt.
Anyway, the presumption that legislation is constitutional is actually a form of judicial restraint and is important to the "checks and balances" that you think is so blown to hell. Basically your problem (as I see it) is our society isn't functioning according to the way you thing the constitution says it should. That's fine. You are probably wrong, but that's fine anyway. Either way the truth is most people running around waiving a constitution in people's faces at Tea Party rallies could use a nice crash course in constitutional law. Especially since many hot button issues prompt the far right to go off about federalism, First Amendment, and separation of powers principles....you would think they would take time to educate themselves on what those things really mean over the course of American history.