"and thus has no business making laws"
As if it needs to be said, the courts don't make laws .. they pass judgements which have the effect of rendering existing laws invalid.
Which is kind of the point. People smarter than .. well .. for civility's sake, let's just say smart people realized a long time ago that society and its government need a formal feedback loop.
Society changes. Old laws need to be struck down. If we relied on electioneers to take those risks, we'd still be stuck with Victorian morality.
Anyway, if you were right, wouldn't governments invoke the notwithstanding clause more often?
(Since they don't, I guess even they think the courts aren't overreaching.)