People argue this point a lot. As an example, Miranda rights are an affirmative requirement - that is legislating from the bench, but people like it so don't co

People argue this point a lot. As an example, Miranda rights are an affirmative requirement - that is legislating from the bench, but people like it so don't complain. I'd highly recommend a podcast called 'Five Four' where they talk about the supreme court as a political body, rather than as the impartial "balls and strikes" role that if purports to be.