The Will of the People

Last week a federal judge in California overturned Proposition 8, California's ban on same sex marriage instituted by the will of the people, as unconstitutional. Once more the will of the people has been over turned by the will of one. If this isn't legislating from the bench I don't know what is. What recourse do the people have when the legislative branch doesn't follow the will of its constituents, the executive branch feels they answer to no one, and the judicial branch can make laws with no one's input at all? All is left to do is to "throw the bums out" while it is still something that we can do. Once they take that away from us it is all over but the crying.