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Pedantically, in the US, laws are also "written" by court precedent. Consider that prohibition was performed via a constitutional amendment yet drugs are crimin
by vageli 4y ago
Pedantically, in the US, laws are also "written" by court precedent. Consider that prohibition was performed via a constitutional amendment yet drugs are criminalized today without amendment by the controlled substances act, itself allowed to exist due to the expansion of the commerce clause (see Gonzales v. Raich 2005). [0]
While judges in some places are directly elected, at the federal level they are not. Beyond that, enforcement of laws is at the prerogative of the executive. If the laws written by directly elected officials are ignored, that is making law as well in some sense. For instance, marijuana remains illegal at the federal level, but the laws are unenforced and states are legalizing it themselves (contravening federal law).
[0]: https://www.law.cornell.edu/supct/html/03-1454.ZS.html https://www.law.cornell.edu/supct/html/03-1454.ZS.html