What about the FBI and the airforce bombing black neighborhoods in 1985? Like literally bombing them. Was that the kind of top down governance you want?
At that point the courts are wrong. The check the that court has on the legislature has is to say something isn't Constitutional, but that's supposed to be a death knell. If it's just ignored, if the Court is just ignored, then there's really nothing they can do. I'm talking about SCOTUS, and Ohio largely modeled their system of the (at the time) emerging federal one. Ohio citizens are apparently ok with what their legislature is doing.
It's like gambling on a stock. You can buy in on the way up and as long as you bail at the right time you can come out on top. Stay just a little too long, though, and you'll come away worse than you started.
I don't trust a bunch of crusty trust fund relics to regulate anything. You have to actually understand the technology to not make an absolute shit show of it, and they don't.