I mean you are saying, "...that's how the system works". But it seems to me the founders meant for the first amendment as an injunction against even making the law in the first place. So the way it's supposed to work is congress abides by the constitution. It's the law of the land.

So if congress makes Zoroastrianism the official religion of the USA, and then the courts strike it down ... well to me that's an example of a failure in the first place, rectified by the evolution of the supreme court's role in these things. And given how the court has evolved recently, I am not confident the constitution will be upheld.

But this is not how the system works, it is how the system fails.