It's not a question of being broken. It's a question of going to the extreme right particularly in the realm of separation of church and state. The history of the religion clauses of the Frist Amendment clearly demonstrates that government was meant to be neutral in matters of religion. Believers and non believers are to be equal before the law. The current 2/3 religious right wing majority is intent on carving special exemptions to otherwise universally applicable laws that are available to only religious objectors. Up to now, a Court majority has always said that government cannot favor "religion over irreligion." Now there is a clear majority that would overturn this. The are forgetting the wisdom of Justice O'Connor, an otherwise moderate conservative, who wrote that no branch of government should be able to treat anybody differently based on the God or gods they worship or don't worship.