Judges tend to legislate. As in they make up laws to fit the situation as supposed to sticking to what’s written in the constitution. For example the charge for murder is 20 to life. A judge would look at this and go “hmmm.. I know the charge, but this bastard killed a man for a dumbass reason.” The judge would look at this situation and see what other judges did in the past. And then legislate a new law in order to punish this dude according to how the judge feels. We vote these judges into office democratically. And it is through the wise mind of this judge to fuck around and give the guilty party 15 months. Because he killed someone in practice of his first amendment right (with the help of a kickass lawyer). We vote these judges into office