Violation Of The Supremacy Clause: What's The Red Line?

The Supremacy Clause, or Article VI, Clause 2 of the U.S. Constitution, establishes that the Constitution, federal laws, and treaties made under its authority are the supreme Law of the Land, taking precedence over conflicting state laws. This clause has been pivotal in resolving disputes between federal and state laws, with the Supreme Court interpreting and enforcing it. Violating the Supremacy Clause occurs when state laws contradict or impede federal laws or treaties, or when state courts issue rulings that conflict with federal court decisions. The inclusion of the Supremacy Clause was a response to the lack of a similar provision in the Articles of Confederation, which led to challenges in establishing federal authority. The clause has been crucial in shaping the American political structure by ensuring the primacy of federal law and preventing constant power struggles between states and the federal government.

Explore related products

Constitutional Law: [Connected eBook with Study Center] (Aspen Casebook)

$237.39 $359

Constitutional Law (University Casebook Series)

$305

Constitutional Law: Principles and Polices (Aspen Treatise)

$97.38 $126.95

An Introduction to Constitutional Law: 100+ Supreme Court Cases Everyone Should Know

$26 $34.95

Constitutional Law: a QuickStudy Laminated Reference Guide

$8.32 $8.95

Constitutional Law For Dummies

$18 $29.99

Treaties and international agreements

The Supremacy Clause, established under Article VI, Paragraph 2 of the U.S. Constitution, holds that the Constitution, federal laws, and treaties made under the authority of the United States are the "supreme Law of the Land". This means that federal laws and treaties take precedence over any conflicting state laws. The Supremacy Clause was included in the Constitution to address issues with the Articles of Confederation, which lacked a provision declaring federal law superior to state law.

The Supremacy Clause also establishes a noteworthy principle regarding treaties. Under the traditional British rule, treaties made by the Crown committed Great Britain internationally but did not hold legal weight domestically. In contrast, the Supremacy Clause allows treaties to directly establish rules of decision for American courts, provided they do not violate other parts of the Constitution. This aspect of the Supremacy Clause aimed to prevent individual states from jeopardizing the nation's security by violating its treaty obligations.

The enforceability of treaties has been limited by Supreme Court decisions. In the 1957 case Reid v. Covert, the Court held that treaties and the laws made pursuant to them must comply with the Constitution. The 2008 decision in Medellín v. Texas further constrained the enforceability of treaties, holding that a treaty is not binding domestic law unless implemented by an act of Congress or explicitly "self-executing".

Treaties are generally regarded as "self-executing" or "non-self-executing". A self-executing treaty is directly enforceable in courts, like other laws, unless there is a clear statement that the obligations imposed by the treaty are subject to legislative implementation. On the other hand, a non-self-executing treaty is not enforceable in courts because it is addressed to the political branches. Determining whether a treaty is self-executing or non-self-executing can be challenging, and scholars have questioned the compatibility of certain declarations with the Supremacy Clause.

Federal law superseding state law

The Supremacy Clause, found in Article VI, Clause 2 of the United States Constitution, establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, are the "supreme Law of the Land". This means that federal laws supersede state laws when there is a conflict between the two. The Supremacy Clause ensures that laws enacted by the national government take precedence over laws enacted by state governments. This clause was included in the Constitution to address concerns that individual states were compromising the nation's security by violating its treaty obligations.

The Supremacy Clause gives the federal government the power to make treaties that supersede state laws, even if these treaties abrogate states' rights. For example, in McCulloch v. Maryland, the Supreme Court found that a tax levied by Maryland on the federally incorporated Bank of the United States was unconstitutional because it violated the Supremacy Clause. The Court reasoned that if a state had the power to tax a federal institution, it would have the power to destroy it, making the states superior to the federal government, which would be inconsistent with the Supremacy Clause.

The Supreme Court has also held that state courts cannot issue rulings that contradict the decisions of federal courts. In Ableman v. Booth, the Supreme Court overturned a decision by the Supreme Court of Wisconsin, finding it illegal for state officials to interfere with the work of US Marshals enforcing the Fugitive Slave Act. The Court held that under Article III of the Constitution, federal courts have the final jurisdiction in all cases involving the Constitution and laws of the United States, and state courts cannot interfere with their judgments.

In addition, the Supreme Court has ruled that a state statute is void if it conflicts with a valid federal statute or stands as an obstacle to the accomplishment of the full purposes and objectives of Congress. This is known as the "doctrine of preemption", where federal law can expressly or impliedly preempt state law. Express preemption occurs when federal law contains explicit language giving it precedence over state law, while implied preemption occurs when that intent is implicit in the structure and purpose of federal law.

The role of the Supreme Court

The Supremacy Clause, found in Article VI, Clause 2 of the United States Constitution, establishes that the Constitution, federal laws, and treaties made under its authority are the "supreme Law of the Land". This means that they take precedence over any conflicting state laws or constitutions. The core message of the Supremacy Clause is that federal law is superior to state law, ensuring that the various states and the federal government do not constantly argue over which laws take precedence.

In another case, Ableman v. Booth (1859), the Supreme Court held that state courts cannot issue rulings that contradict the decisions of federal courts, citing the Supremacy Clause. The Court reasoned that because the Supremacy Clause establishes federal law as the supreme law of the land, state courts cannot nullify the judgments of federal courts.

The Supreme Court has also relied on the Supremacy Clause to hold that federal law controls and cannot be nullified by state statutes or officials. For example, in Edgar v. MITE Corp. (1982), the Court ruled that a state statute is void if it conflicts with a valid federal statute. This means that a state law will be found to violate the Supremacy Clause if compliance with both federal and state laws is impossible, or if state law stands as an obstacle to the full purposes and objectives of Congress.

In addition, the Supreme Court has interpreted the Supremacy Clause to include the doctrine of preemption, which means that federal law can preempt or take precedence over state law, either expressly or impliedly. Field preemption occurs when federal law is so pervasive that it is reasonable to infer that Congress left no room for states to supplement it, or when the federal interest is so dominant that the enforcement of state laws on the same subject is precluded.

Overall, the Supreme Court plays a crucial role in interpreting and enforcing the Supremacy Clause, ensuring that federal law is supreme over state law, and providing a balance between the federal government and state governments.

Explore related products

Constitutional Law [Connected eBook with Study Center] (Aspen Casebook)

$75.91 $345

Constitutional Law (University Casebook Series)

$297.73

A Short & Happy Guide to Constitutional Law

$28

Examples & Explanations for Constitutional Law: Individual Rights (Examples & Explanations Series)

$76.95

Constitutional Law: [Connected eBook with Study Center] (Aspen Casebook)

$241.98 $359

Examples & Explanations for Constitutional Law: National Power and Federalism (Examples & Explanations Series)

$59.81 $76.95

State court rulings

The Supremacy Clause is a founding principle in US constitutional law, designating the Constitution as the "supreme law of the land". This means that when state laws conflict with the Constitution, the Constitution takes precedence.

The Supremacy Clause was included in the US Constitution as a response to problems with the Articles of Confederation, which lacked any similar provision declaring federal law to be superior to state law. The Clause was added to address this issue and prevent further political difficulties. It establishes that state courts are bound by federal law and that state constitutions are subordinate to it.

In practice, this means that state courts cannot rely on a state law that conflicts with a federal law or statute. State courts are obliged to give effect to federal law when it is applicable and to disregard state law when there is a conflict. This includes not only the Constitution and federal laws but also treaties and the interpretations of their meanings by the US Supreme Court.

The Supreme Court has played a significant role in interpreting and applying the Supremacy Clause. In early-twentieth-century decisions, the Court developed a precursor to the doctrine of field preemption, concluding that congressional action in certain fields could automatically displace all state laws in those areas. In cases such as Ware v. Hylton (1796) and McCulloch v. Maryland, the Supreme Court invalidated state laws that conflicted with federal treaties or laws, reinforcing the principle of federal supremacy.

In addition, the Supreme Court has identified different subcategories of implied preemption, including field preemption and conflict preemption. Field preemption occurs when federal law is so pervasive that it is reasonable to infer that Congress left no room for states to supplement it, or when the federal interest is so dominant that state laws on the same subject are precluded. Conflict preemption arises when compliance with both federal and state law is impossible or when state law poses an obstacle to federal objectives.

Congressional powers

The Supremacy Clause of the US Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws, and treaties made under its authority are the "supreme Law of the Land", taking precedence over conflicting state laws. This clause ensures that state constitutions are subordinate to federal law and that state courts are bound by it. This clause acts as a check on congressional powers, ensuring they do not exceed the scope of their federal power.

The Tenth Amendment to the Constitution further clarifies that the federal government only has the powers delegated to it by the Constitution, with all other powers reserved for the states or the people. This amendment acts as a limit on congressional powers, ensuring they do not overstep their authority.

The Supreme Court plays a crucial role in interpreting and enforcing the Supremacy Clause. It has the power of judicial review, which allows it to invalidate statutes that violate the Supremacy Clause or exceed congressional powers. For example, in the case of Maryland's tax on the federally incorporated Bank of the United States, the Supreme Court ruled that the tax was unconstitutional as it violated the Supremacy Clause by giving states power over a federal institution.

Additionally, the Supreme Court has held that state courts cannot issue rulings that contradict federal court decisions. In the case of Ableman v. Booth, the Supreme Court overturned a decision by the Supreme Court of Wisconsin, citing the Supremacy Clause. The Court has also ruled that a state statute is void if it conflicts with a valid federal statute or stands as an obstacle to Congress's purposes and objectives.

Frequently asked questions