American courts are enmeshed in policymaking through their duty to interpret law

Evidence

From a legal perspective, probably the most important point to note about the American system is that it is a common-law legal system. As such, it shares many features with the legal systems of Great Britain and its other former colonies. From a political perspective, the distinctive aspect of the American legal system is the courts’ involvement in policymaking. This involvement often stems from the courts’ responsibility to say what the law is, even in cases with political ramifications. Thus, although courts in the United States do not dominate policymaking, their responsibilities nonetheless enmesh them in the political process. — G. Alan Tarr, Judicial Process and Judicial…, 213

Categorization

• XREF: connects to: American courts have grown in their role governing the nation. — G. Alan Tarr, Judicial Process and Judicial…, 90; American courts inherited common-law rulemaking and thus judges make law — G. Alan Tarr, Judicial Process and Judicial…, 138; American courts always helped govern and their governing role has grown over time — G. Alan Tarr, Judicial Process and Judicial…, 9 (+10 more)

Broader Connections

• Courts have the essential duty to interpret conflicting laws and constitutions #expands (0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 481
• Judges create law when forced to choose among competing interpretations. #expands (0.84) — G. Alan Tarr, Judicial Process and Judicial…, 196
• Judges create law when forced to resolve statutory ambiguity. #exemplifies (0.83) — G. Alan Tarr, Judicial Process and Judicial…, 187
• The American legal system is common law yet distinctive for judicial policymaking #expands (0.82) — G. Alan Tarr, Judicial Process and Judicial…, 213
• State courts make constitutional and common-law policy in distinct doctrinal domains #exemplifies (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 3267
• Courts make law only as a byproduct of their adjudicative function #qualifies (0.80) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 15
• Courts change policy through five distinct incremental mechanisms rather than just landmark rulings #expands (0.76) — G. Alan Tarr, Judicial Process and Judicial…, 3171
• Courts do not simply dominate American policymaking. #qualifies (0.75) — G. Alan Tarr, Judicial Process and Judicial…, 191