Case laws can be just as binding as legislated laws.
” Since the U.S. legal system has a common-law system, higher court decisions are binding on lower courts in cases with similar facts that raise similar issues. The concept of precedent, or Stare Decisis, means to follow or adhere to previously decided cases in judging the case at bar.”
Case laws of course ARE legally binding but limited ONLY to the parties involved and any other case with the same facts and question of law. That is what precedent/stare decisis means. Precedent/stare decisis does not give a court power to make state or national law. That is patently unconstitutional.
Common law is a centuries-old series of decisions compiled over a long time that is useful for cases with similar facts and questions of law. ONE CASE may add to the common law for a particular set of facts and questions of law, but does not make sweeping national law
Our country has reeled WAY off course here.