Congress makes a law. The Executive branch executes the law. The Supreme Court interprets whether that law was broken during its execution.
If you take out that third leg, is the assumption that Congress must revoke the law to provide a check/balance? What if the intent was good, but the execution was bad?
If so, what's the solution? Term-limits on judges? But then doesn't that ensure they will be even more politicized?
There is the 9th and 10th amendment that do not seem to get much coverage in court rulings.
The 9th amendment is made to ensure the federal govt doesn't have sway over unspecified rights; is your thought that the States would enumerate those rights separately?
In any event, I suspect you're right. It seems like the the balance of power may be more biased than the founders intended.
The balance of power has definitely changed since the countries founding. If you read about the Virginia and Kentucky Resolutions of 1798, you don't see states doing this anymore.