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Formal, written laws are made by Congress or by state legislatures, and are called enacted laws. The US Supreme Court is not a legislative (law-making) body, but its decisions carry the rule of law. Judicial decisions may become common law, (or case law) which is enforceable, but different from the enacted laws created by the Senate and House of Representatives.

Congress and the state legislatures may choose to codify common law, or transform it into enacted law, by passing legislation. The courts do not participate in this type of law-making.

It is important to remember not all judicial decisions create common law; most simply interpret or apply existing laws.

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