Here's where we part company. Judges who 'make' law violate their own role. They are to judge, not legislate. But we have a de facto legislature because of the preeminence of legal precedent.
The anti-federalist papers speak of this. In fact, many of the Founders had a problem with the existence of a Supreme Court in the first place. They followed the logic and saw the future. Unfortunately, they didn't prevail.
Please understand, I'm not doubting the structure of the system as it exists, as if I'm trying to find a loophole or a point of protest, I'm just pushing the envelope of what we accept. Trying to get you to think.
Yes, contracts are good, I know. I'm not talking about ALL contracts. But the larger point is the tendency for some people to so easily accept the erosion of their basic, fundamental rights by contracting restrictions upon themselves to the point of a slave status.