That's the point, the British system adapted to democratic change while the American copy did not. The larger point is, because of constitutional and political gridlock caused in part by minority rule, the courts have taken on a larger role than they usually do in a liberal democracy. Constitutional ambiguity and social expectations at the time, left many holes and gaps, the way it was framed as a shotgun wedding between the north and the south with the division of powers between states and the federal government is also problematic. Many things are open to interpretation and that is where the SOCTUS comes into play, the US constitution is showing its age. A professional SCOTUS is required in this situation not ideology or religion driven valueless clowns and political hacks. This is neither a just court, nor a professional one driven by professional values and motives, some are clearly corrupt or unfit for the bench and they are mostly in the majority.