Legal Question in Federal Tort Claims in North Carolina

Re: Laws that empower Federal Judges

The question is somewhat unclear. Federal (and state) judges clearly have authority to declare that a law is in violation of the U.S. Constitution. It is indeed the Courts that must make this decision. If a given law (or governmental practice, state or federal) violates the Constitution, then the Judge (federal or state) is obligated to strike down that law; he or she has no choice, and it is his or her obligation. This is necessary for our society to function. This sort of ruling (striking of a statute) is not "making law" really, but is simply saying that the legislature's law is not valid because it violates the constitution. As for "making law," our courts, again federal and state, clearly have authority to make law. They can, for example, make "common law," and they must "interpret" the statutes (which is not really "making" law, but it's awefully close). I suggest that you read, for starters, Marbury v. Madison from the U.S. Supreme Court. A court cannot, of course, "make law" in the sense that a court simply replaces its judgment and values for that of the majority, and/or a legislature; such "law making" is improper and not supported by any "law."