The root source of US law is the British common law. Common law judges have always been law makers. That is what protects people from unreasonable governments. In days of yore the giver of the law was the king and the courts stood between the king and the people, creating such doctrines as "guilt beyond a reasonable doubt". In the US the law giver is the Congress subject to the Constitution, but the duty of the courts remains that of standing between the source of the law and the people whom the law governs.
That is the nature of common law government. Saying that it is not is no more useful than standing in a blizzard in Florida and saying, "This isn't snow because I'm in Florida."![]()
If I was standing in a blizzard, I wouldn't be calling it snow. A few choice derogatory terms and unnatural, yes. Snow, no.