[dundarious]

That's how Common Law has always worked, no? Judges make law. I would guess the rate of Amendments is inversely proportional to the stability of the country (static borders, no more domestic wars, increasing body of case law/precedent).

Textualists and originalists seem to be Civil Code fans in Common Law clothing.

[lmm]

Judges fill out the details of law that aren't in the statutes, but they're not meant to create substitute statutes from whole cloth.

[xxpor]

Sure they are. Michigan still has no murder statute. (There's a penalty statute, but the actual definition is common law).

[lmm]

There is non-statute common law from time immemorial, sure, but later law is supposed to be grounded in the stautes.