They can't? Well, they are. In fact, I'm starting to believe using the judiciary to destroy America is the democrat game plan. Lawsuits are becoming so numerous, there soon won't be enough judges to handle them. They are being filed for the most trivial things like the neighbors farting too loudly at night to anything to do with global warming. And every time a liberal toady judge rules in favor of a progressive position, it takes a little bit of the Constitution. Why go through the Amendment process when a judge can do it for you?
