You're right, congress has given up power to other branches of government. Judicialization of government is a clear problem that has come to weaken the democratic system, despite some high profile wins by progressive groups. For example, the citizen's united decision has been a major blow on democratic representation inflicted by the judiciary in favor or the wealthy elite. This has even promoted the international influence on elections we see today, since companies may have international conflicts of interest that are much more complex than individuals.