In Federalist 44, James Madison, the father of the US Constitution, gives us the formula for solving most of our current political problems, which in the end amounts to "make the other branches provide the necessary checks and balances," and, if they won't do that, "throw all the bums out." And what he said in this case applies in just the same way to the judiciary as it does to the Congress:
"What is to be the consequence, in case the Congress shall misconstrue this part [the necessary and proper clause] of the Constitution and exercise powers not warranted by its true meaning, I answer the same as if they should misconstrue or enlarge any other power vested in them...the success of the usurpation will depend on the executive and judiciary departments, which are to expound and give effect to the legislative acts; and in a last resort a remedy must be obtained from the people, who can by the elections of more faithful representatives, annul the acts of the usurpers.'"
-- James Madison, Federalist #44