"You have to bring the case" what's the alternative, that someone sues for every new law even if nobody thinks it's unconstitutional? Who exactly do we get to argue for outcomes nobody believes or wants? (Yes, lawyers will argue for things they don't believe, but somebody wants that outcome).
So if everyone likes a law, the best thing should be not to have a lawsuit. If someone doesn't like a law, then they can go ahead and sue.
Or do you want all laws to be delayed until pending lawsuits finish? But if a court agrees that you're very likely to prevail, they can issue an injunction to prevent the law from going into effect. Most laws have a waiting period before becoming law anyway.
Could you be very specific in which particular aspect of modern American jurisprudence you would abolish, what your justification for that is, and what you'd replace it with?