The Empty Courtroom

I am not a lawyer. However, it seems strange to me that so many issues that are coming up involve the legality of the Administration's actions. And the Courts have been silent.

Article III.

Section 1
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish......

Section 2
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. (emphasis added)

Either the English language means something or it doesn't. It is very clear to me that the current issues before us should be decided by our Courts, particularly, since it deals with Constitutional issues, the Supreme Court. Instead, we have Republican Senators making these decisions from the Hill via Glenn Greenwald:

Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) and conservative members of his panel have reached agreement on legislation that may determine the legality of the National Security Agency’s (NSA) surveillance program, GOP sources say.

Specter has mollified conservative opposition to his bill by agreeing to drop the requirement that the Bush administration seek a legal judgment on the program from a special court set up by the Foreign Intelligence Surveillance Act (FISA) of 1978.

Of what use is a Constitution if a citizen of the United States of America cannot read it and feel that our Country is following its precepts?