F. The United States Constitution as the Supreme Law of the Land

The United States Constitution provides a structure upon which the American legal system is built. Pause for a moment and look at the First Amendment in the U.S. Constitution (provided in the back of your Scheb textbook). Notice how incredibly sparse the writing is. The First Amendment contains six of the most fundamental rights possessed by Americans, set out in only 45 words. If this were written today, imagine how lengthy it would be!

The U.S. Constitution is not an exhaustive list of rights. Like the framing of a house, it provides a structure of laws. Those are the "express rights"—those that are actually set out in the U.S. Constitution. As our society grew and evolved, other express rights were added by amendment, such as the 19th Amendment that granted women the right to vote.

Still other rights arose through interpretation of the sparse language of the U.S. Constitution. For example, the U.S. Constitution does not contain an express right to privacy, but that right has been recognized by the courts as inherent in other express rights.

While not specified in the Federal Constitution, the right of privacy has been recognized by the Supreme Court as a distinct constitutional right protecting privacy against unlawful governmental intrusion .... The right of privacy is rooted in and exists in the penumbra of, various specific constitutional provisions .... , such as the First Amendment's guaranty of free speech and press ...  and of freedom of association ... , the Fourth Amendment's prohibition of unreasonable searches and seizures ..., and the Fifth Amendment's privilege against self-incrimination ....

Supreme Court's Views as to the Federal Legal Aspects of the Right of Privacy, Ernest H. Schopler, 43 L. Ed. 2d 871.

Rights arising through interpretation of the U.S. Constitution are called "implied rights." (Note that several state constitutions contain an express right of privacy.)

As stated previously, the U.S. Constitution is the foundational document of our legal system, especially since it sets out our system of government (three branches of government, etc.). But understanding the legal concepts, the rights granted by the U.S. Constitution, is critical as well, because they are the foundation for all American laws. A law that is declared in violation of the concepts of the U.S. Constitution is unconstitutional, and thus void.

Remember, that the U.S. Constitution is the supreme law of the land. The legal system is set up as a hierarchy, with courts at different levels and with the lower courts answering to the higher courts. To understand how the courts interact with one another, you must understand the concepts of precedent and stare decisis, and the concepts of mandatory precedent and persuasive precedent, which we will cover in the next lesson.