My right to own a gun, have free speech, against self incriminating, or against unlawful search and seizure require Absolutely no action on any person's part but mine besides the court to uphold them (which is true of all systems of rights. Having a court does not negate any of this).
The people who wrote the bill of rights were very aware of this delineation because they stayed exclusively on one side of it.
So you can disagree but to say the idea simply doesn't exist is nonsense.