What role do you think the legislative branch of government plays? The judicial branch can rule on the constitutionality of the laws that have been passed and resolve other issues, but it isn't a requirement for the law to come into effect.

> How can something be illegal before any judge ruled on it?

If someone steals from you and there's been no conviction, was a crime committed or not? You're still out whatever was taken, but by your logic no theft has occurred until after someone has been convicted of committing the crime.

Exactly, until the judiciary system decides on the illegality of the act, the rest of society is oblivious to the nature of what happened. I'm sure that if something like that happened to you personally you'd know many of the facts at play, but if you cannot prove thorough the courts that something illegal occurred, it didn't