The Constitution and Settled Law
If the Constitution were the extent of settled law, why would we be arguing about so many legal issues?
Loren J. Bartels of FL in response to Peter Roff:
Sotomayor's Unsettled View of the Constitution
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Constitution
The US Constitution is the framework for the "laws" of the United States. The document covers the relationship between the "people" and the "government of the people." It only defines the institutions and systems of rules (laws), which are enforced through these institutions.
The laws of the United States are written in the United States Codes. To resolve legal questions, the Constitution created the Judicial Branch, which ultimately determines the rights and liabilities of the parties involved in a legal dispute (civil, criminal, administrative, etc.).
On the other hand, when a point has been settled by decision, it forms a precedent which is not afterwards to be departed from. However, in the past, the courts have found it necessary to overrule cases which have been hastily decided, or contrary to principle.
The principal that the precedent decisions are to be followed by the courts has given rise to some of the most interesting "Constitutional Cases" before the Supreme Court.
In a nutshell, there is no such a thing as a "settled law." All laws are subject to review by the Judicial Branch. The Constitution itself is subject to review by the "people" through Constitutional Amendments.
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