The Revolutionary generation knew judges made law through their ideology

Evidence

In a common-​law system, judges make at least some of the law, though legal theory has often been coy about admitting this fact. American jurists and statesmen were not naive; they knew that judges had power, that the ideology and identity of judges made a difference to their behavior. How judges would be selected, and how to control their behavior, was an issue for the Revolutionary generation, an issue whose intensity has rarely been reached since that time. — Lawrence M. Friedman, A History of American Law, 682

Categorization

  • XREF: connects to: Judges bring consistent long-established political views to the bench — G. Alan Tarr, Judicial Process and Judicial…, 2572; Political selection fills the courts with judges holding established partisan views — G. Alan Tarr, Judicial Process and Judicial…, 2571; Judges create law when forced to choose among competing interpretations. — G. Alan Tarr, Judicial Process and Judicial…, 196 (+1 more)

Broader Connections