Much of what is going on today, and in the past, is unconstitutional and any more there is not the use of Checks and Balances to help keep in Check each branch from deviating from the powers that were actually given them by the Constitution.
How do they get away with it? Most, even our own politicians and lawmakers, are ignorant of the Constitution and what it says and what powers it gives to our branches of Government. Courts are allowed to "make laws" and powers given to the States are taken by the Federal Government.