Dirty Penguin
Master Of Ceremony
No, that is not what I mean.
To "make" law is to alter what was originally intended in a contrary way. The Petty Offense Doctrine's
granting the government to waive a citizen's 6th Amendment right to trial by jury is an example.
They "make" law as I showed in the 2 famous cases I cited. In the Kelo v City of New London case, the USSC effectively changed the 5th Amendment's Takings Clause (which now applies to the states due to the Incorporation Doctrine) from "...private property be taken for public use..." to "....private property be taken for public benefit...". Before, property could be taken from a citizen only for public uses such as public roads, public schools, etc. But the USSC made new law in deciding that government may take one's property for any public benefit, eg, giving the land to a developer who would pay higher property taxes.
I think we're pretty much in agreement. I see your point when looking at it on a more granular level.