Eleanor Finch
Article VI of the United States Constitution, also known as Article 6, is broken down into three sections, or clauses, that outline the supremacy of federal laws over state laws. It establishes the laws and treaties of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position, and holds the United States under the Constitution responsible for debts incurred by the United States under the Articles of Confederation.
| Characteristics | Values |
|---|---|
| Number of Sections | 3 |
| Section 1 | A formal notification that the United States government initially took the burden of debt upon itself |
| Section 1 | Debts contracted prior to the adoption of the Constitution remain valid |
| Section 2 | Contains the Supremacy Clause |
| Section 2 | States that the Constitution, federal laws made pursuant to it, and treaties made under its authority constitute the supreme law of the land |
| Section 2 | States that state governments can create their own laws, but they cannot overlook or negate the supreme law of the land |
| Section 3 | Sets provisions for religious freedom within the US federal government |
| Section 3 | Federal government officers, including the President, are legally bound to adhere to the Constitution |
| Section 3 | All persons involved in the federal government are legally bound to adhere to the Constitution by swearing an oath |
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What You'll Learn
Article 6 of the US Constitution has three sections
Article VI of the US Constitution, also known as Article Six, consists of three sections.
Article 6, Section 1 is a formal notification that the United States government initially took the burden of debt upon itself. This debt was accrued before the implementation of the Constitution and the unification of the separate states. By doing so, the United States Founding Fathers gained instant respect and set a precedent for how the nation would handle debts in the future. This section also establishes that debts contracted and engagements entered into before the adoption of the Constitution are valid against the United States under the Constitution.
Article 6, Section 2 contains what is known as the Supremacy Clause. This clause provides that the Constitution, federal laws made pursuant to it, and treaties made under its authority constitute the supreme law of the land. It declares that state governments can create their own laws, but they cannot overlook or negate the Supreme Law of the Land as outlined in the Constitution and upheld by the Supreme Court. The Supremacy Clause has been influential in significant cases such as McCulloch v. Maryland (1819) and Gibbons v. Ogden (1824), where the Supreme Court upheld the federal law and federal permit, respectively, based on this clause.
Article 6, Section 3 emphasizes the ultimate authority of the United States Constitution while also setting provisions for religious freedom within the US federal government. It states that all persons involved in the federal government, including the President, officers, and members of Congress, are legally bound to adhere to the Constitution by swearing an oath. This section forbids religious tests as a requirement for holding a governmental position, guaranteeing freedom of religion.
Article VI of the US Constitution, with its three sections, plays a crucial role in establishing the supremacy of the Constitution, upholding the rule of law, and ensuring religious freedom within the federal government.
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Section 1 outlines the US government's debt burden
Article VI of the United States Constitution is comprised of three sections. Section 1 outlines the US government's debt burden. This section is a formal notification that the US government took on the burden of debt upon its formation. The US had accrued this debt before the implementation of the Constitution and the unification of the separate states.
Section 1 of Article VI established that the debts contracted prior to the adoption of the Constitution remained valid and that the US government took responsibility for its own debt. This move by the Founding Fathers set a precedent for how the nation would handle debts in the future and earned the US government respect and recognition as a moral nation that promptly and maturely handled its responsibilities.
Article VI also contains provisions for religious freedom within the federal government, stating that no religious test shall be required as a qualification for any office or public trust under the United States. This article further establishes the Constitution and federal laws made under its authority as the supreme law of the land, taking precedence over state laws.
The three sections of Article VI collectively assert the supremacy of the Constitution in establishing laws and treaties and clarify that no state or individual can make legal agreements that contradict the privileges and laws outlined in the Constitution.
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Federal laws and treaties are supreme
Article Six of the United States Constitution establishes federal laws and treaties made in accordance with the Constitution as the supreme law of the land. This is outlined in what is known as the Supremacy Clause, which assumes the underlying priority of federal authority. The Supremacy Clause is considered a cornerstone of the United States' federal political structure.
The Supremacy Clause specifies that federal acts take priority over any state acts that conflict with federal law. This means that federal statutes and treaties must be within the parameters of the Constitution and cannot violate constitutional limits on federal power, such as the Bill of Rights. The United States Supreme Court has the power of judicial review and can invalidate a statute for violating a provision of the Constitution.
The Supremacy Clause ensures that the Constitution, federal laws made pursuant to it, and treaties made under its authority are the supreme law of the land. State courts are bound by this supreme law, and in case of conflict between federal and state law, federal law must be applied. Even state constitutions are subordinate to federal law. This was affirmed in the influential case of Gibbons v. Ogden (1824), where the Supreme Court upheld a federal permit over a state grant of monopoly, stating that "the Constitution is the supreme law".
The supremacy of treaties over state law has been described as an "unquestioned axiom of the founding" of the United States. Treaties and federal statutes are regarded as equally supreme, with no superior efficacy given to either. While it is generally agreed that treaties are as binding as domestic federal law, there have been differing court interpretations on the precise scope of a treaty's legal obligations. The Supreme Court has held that Congress can abrogate a treaty by legislative action, even if it violates the treaty under international law.
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No religious tests for government positions
Article VI of the United States Constitution, also known as the No Religious Test Clause, specifies that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." This clause, found within Article VI, Clause 3, is the only explicit reference to religion in the original seven articles of the U.S. Constitution. It prohibits the federal government from imposing any religious qualification as a requirement for holding a governmental position. This includes all federal officeholders, employees, and office holders of state legislatures and the several states.
The inclusion of the No Religious Test Clause in the Constitution was a direct response to the Test Acts, which were instituted in England and the American colonies during the 17th and 18th centuries. The main purpose of these acts was to exclude anyone not a member of the official state religion, such as Catholics and "nonconforming" Protestants, from holding government office. Government officials were often required to swear oaths of loyalty to the state religion and disavow any foreign loyalties or religious doctrines that conflicted with the official religion.
The No Religious Test Clause has been interpreted by the Supreme Court to mean that any required oath to serve anything other than the Constitution is invalid. For example, in the case of Ex parte Garland, the Court overturned a loyalty oath that the government had tried to apply to pardoned Confederate officials, ruling that forcing officials and judges to swear loyalty oaths was unconstitutional. Similarly, in Torcaso v. Watkins (1961), the Supreme Court unanimously ruled that state constitutions requiring a profession of belief or disbelief in any religion were in violation of the First and Fourteenth Amendments to the United States Constitution.
While the core meaning of the No Religious Test Clause has strong support today, there are still difficult unanswered questions about its scope. For example, it is unclear whether individuals can be denied a government position on the grounds that their religious beliefs disqualify them from serving in a particular position. This question arises in cases where an individual's religious beliefs may influence their official conduct or ability to perform the duties of the office.
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Federal and state officials must take an oath
Article VI of the US Constitution, also known as the Supremacy Clause, outlines the shared responsibility of federal and state officials to uphold the Constitution. This article comprises three sections, each emphasising the supremacy of the Constitution and the federal laws and treaties derived from it.
Federal and state officials, including legislators, executive officers, and judges, are required to take an oath or affirmation to support the Constitution as part of their duties. This oath, known as the Ironclad Test Oath, was enacted by Congress in 1862 to ensure loyalty to the Constitution. The exact wording of the oath may vary, but it typically includes a pledge to "support and defend the Constitution of the United States against all enemies, foreign and domestic". Notably, this oath does not require any religious declaration, as that would be unconstitutional.
The inclusion of the oath requirement in Article VI serves to reinforce the loyalty and commitment of government officials to the Constitution. By taking this oath, officials solemnly swear or affirm their allegiance to the nation and their duty to uphold the principles enshrined in the Constitution. This measure acts as a safeguard against treasonous acts or interpretations, ensuring that those in positions of power prioritise their loyalty to the nation above any conflicting interests.
The absence of a religious test as a qualification for office is a significant aspect of this article. The Constitution explicitly states that no religious test shall ever be required for any office or public trust under the United States government. This provision guarantees religious freedom and ensures that individuals from diverse faiths can hold governmental positions without facing discrimination based on their religious beliefs.
In conclusion, Article VI of the US Constitution establishes the critical obligation of federal and state officials to take an oath of allegiance to the Constitution. This oath reinforces the supremacy of the Constitution and safeguards against disloyalty or treason. By excluding religious tests, the article also upholds religious freedom in the qualification for governmental positions.
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Frequently asked questions
Article 6 of the Constitution is made up of three sections, also referred to as "clauses".
The first clause of Article 6 states that any debts incurred prior to the adoption of the Constitution are still valid and must be honoured.
Article 6 establishes the supremacy of federal laws and the federal government over state laws and governments. It dictates that federal law takes precedence in the event of a conflict between federal and state law.
