Bigger government works when the systems of checks and balances work. In this case the courts failed to uphold the constitution and strike down the expansions of unlawful surveillance powers.
USA has elected and politically appointed judiciary doesn't it? If so then is that at all unexpected, which politicians would put their guy in the judges seat if they thought they'd then have to obey the law.
> checks and balances
I'd say the two are mutually exclusive.