The primary role of the court is to preserve rights. It’s job is to make sure laws aren’t enforced that violate established rights. It’s job is to tell governments at all levels that certain laws passed are illegal because they violate rights. Imagine a city saying that burning a Koran is illegal and a crime punishable by death. I very much hope the Court would step in and say that law is illegal. I think you don’t understand the historical role the court has played. It does more than preserve or expand rights but that is one of its primary functions.
EDIT: Let me be more precise. The purpose of the Court is to clarify rights. It’s job is to decide what exactly is meant by “equal protection”, “freedom of speech”, etc.
EDIT: Let me be more precise. The purpose of the Court is to clarify rights. It’s job is to decide what exactly is meant by “equal protection”, “freedom of speech”, etc.