Malcolm Rivera
The US Constitution, along with the laws of the United States and all treaties made under its authority, is the supreme law of the land. This is known as the Supremacy Clause, which assumes the priority of federal authority and is considered a cornerstone of the US federal political structure. The Supremacy Clause is a conflict-of-laws rule, specifying that federal acts take priority over conflicting state acts. It also establishes that federal laws are supreme and must be followed, as stated by Alexander Hamilton in Federalist No. 33. The Supremacy Clause, therefore, ensures that the Constitution and federal laws take precedence over any conflicting state laws.
| Characteristics | Values |
|---|---|
| Number of Articles | 7 |
| Number of Amendments | 27 |
| First 10 Amendments | Known as the Bill of Rights |
| First 3 Articles | Embodies the doctrine of the separation of powers |
| Legislative Branch | Bicameral Congress (Article I) |
| Executive Branch | President and subordinate officers (Article II) |
| Judicial Branch | Supreme Court and other federal courts (Article III) |
| Article IV, V, VI | Embodies concepts of federalism, describing the rights and responsibilities of state governments |
| Article VII | Establishes the procedure used by the 13 states to ratify it |
| Supremacy Clause | A constitutional provision identifying the supremacy of federal law |
| Number of Justices | 9 (one Chief Justice and eight Associate Justices) |
| Jurisdiction | Original and appellate |
| Judicial Review | The ability to declare a Legislative or Executive act in violation of the Constitution |
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What You'll Learn
The Supremacy Clause
> This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
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Federal preemption
The US Constitution, along with the laws of the US made in pursuance of it, is the supreme law of the land. Federal preemption is a concept where a federal provision overrides or invalidates a state law. This can be done either expressly, where the federal law contains explicit language preempting state law, or impliedly, where the intent to preempt state law is implicit in its structure and purpose.
The US Constitution outlines the framework of the federal government, with its first three articles embodying the doctrine of the separation of powers into three branches: the legislative, executive, and judicial. The Supreme Court is part of the judicial branch and assumes the power to declare acts of Congress as unconstitutional. The Court's cases recognize several types of preemption, including conflict preemption, field preemption, and express preemption.
Conflict preemption occurs when compliance with both federal and state law is impossible, or when state law poses an obstacle to federal objectives. For example, in Mutual Pharmaceutical Co. v. Bartlett (2013), federal law prohibited generic drug manufacturers from changing FDA-approved labels, preempting state tort law from holding them liable for not adding additional information to the labels.
Field preemption is the third type of preemption, where federal regulation of a field is so comprehensive that there is no room left for supplementary state legislation. This does not involve direct congressional commands to the states but concerns a clash between Congress's legislative power and conflicting state law. For instance, in a 2015 case, the Court described field preemption as "Congress has forbidden the State to take action in the field that the federal statute pre-empts."
Express preemption, as the name suggests, occurs when a federal provision expressly preempts state law. This can be seen in the Airline Deregulation Act, which provided that no state shall enact laws relating to rates, routes, or services of covered air carriers. This ensured that states would not undo federal deregulation with their own regulations.
In conclusion, federal preemption is a crucial aspect of the US Constitution, allowing for the resolution of conflicts between federal and state laws and ensuring the supremacy of federal law in certain areas. The Supreme Court plays a vital role in interpreting and enforcing these preemption principles, ensuring the balance of power between the federal government and the states.
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Federal statutes and treaties
The US Constitution establishes the government of the United States. It was signed on September 17, 1787, and came into effect on March 4, 1789. Federal statutes are organised by subject matter in the U.S. Code. Federal laws are often referred to by common names, such as the "Civil Rights Act of 1968" or the "USA PATRIOT Act".
Decisions of the International Court of Justice (ICJ) interpreting treaties do not have binding force except between the parties and in respect of that particular case. ICJ decisions are therefore entitled only to the 'respectful consideration' of an interpretation of an international agreement by an international court. For example, if the ICJ finds that the United States violated a particular defendant's rights under international law, this does not necessarily constitute binding federal law enforceable in US courts. Treaties may comprise international commitments, but they are not domestic law unless Congress has either enacted implementing statutes or the treaty itself conveys an intention to be self-executing and is ratified on these terms.
The Supreme Court has ruled that the power to make treaties is separate from the other powers of the federal government. Treaties can therefore be used to legislate in areas within the exclusive authority of the states, and by implication, in areas not within the scope of the federal government or its branches. This broad interpretation was circumscribed in Reid v. Covert (1957), which held that the Bill of Rights could not be abrogated by a treaty. The ruling is interpreted as limiting the ability of treaties to circumvent constitutional restrictions.
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Congressional abrogation of treaties
The US Constitution, the supreme law of the land, delineates the framework of the federal government, which is divided into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III).
The legislative branch, or Congress, plays a role in enacting legislation that implements treaties' requirements into US statutes. While the Constitution is clear about the Senate's role in the ratification of a treaty, it is silent on its role in the abrogation of a treaty. The Senate does not ratify treaties, but it can provide or withhold consent to treaties proposed by the President, shaping their scope and meaning through its power to condition consent on reservations, understandings, and declarations.
In some cases, when Senate leadership believed a treaty lacked sufficient support, the Senate did not vote on it, and it was eventually withdrawn by the President. In other instances, presidents have entered into international agreements without the advice and consent of the Senate, known as "executive agreements," which are still binding under international law.
The US Supreme Court has recognized statutes as valid instruments for treaty termination. Throughout history, Congress has passed, and presidents have signed, joint resolutions authorizing the president to terminate treaties. While presidents acknowledged congressional authority over treaty termination, they disputed the power to abrogate parts of treaties rather than modify them outright.
Some commentators argue that if the Senate conditions its advice and consent to a treaty on requiring legislative branch approval for termination, the President would be bound by that condition. However, others argue that a Congressional check on treaty termination promotes stability in foreign policy and communicates reliability to other nations.
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Judicial review
The US Constitution establishes the federal judiciary, with Article III, Section I stating that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." The Supreme Court is thus a co-equal branch of the federal government, alongside the legislative and executive branches.
The Supreme Court's best-known power is judicial review, which is the ability of the Court to declare a Legislative or Executive act in violation of the Constitution. This power of judicial review is not explicitly mentioned in the text of the Constitution but was established by the Court in the case of Marbury v. Madison (1803). In this landmark case, the Supreme Court asserted its authority to determine the constitutionality of an Act of Congress, establishing the Constitution as the supreme law of the land.
Through judicial review, the Supreme Court can invalidate a statute or act of Congress that is found to be unconstitutional. This power allows the Court to act as a check on the legislative and executive branches, ensuring that their actions are in line with the Constitution. The Court's guidance on interpreting the Constitution and applying it to cases involving individuals, states, and federal branches is considered influential and authoritative.
While the Supreme Court's judicial review power is crucial, the Court exercises self-restraint and avoids asserting itself superior to the other branches. It follows guidelines to limit its passing on constitutional questions and only addresses constitutional matters when necessary for case decisions. The Court's effectiveness in guiding American democracy is enhanced when its rulings are reinforced by political practices.
In addition to interpreting the Constitution, the Supreme Court also plays a role in the enforcement of treaties. The Supremacy Clause, a part of the Constitution, establishes the priority of federal authority and the supremacy of federal law over state law. The Supreme Court has interpreted this clause to mean that Congress can abrogate a treaty through legislative action, even if it violates the treaty under international law. This interpretation by the Court further underscores its role in shaping the legal landscape and resolving conflicts between federal and state authorities.
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Frequently asked questions
The US Constitution, along with the laws of the United States made in pursuance of the Constitution, and all treaties made under the authority of the United States, are the supreme law of the land.
The Supremacy Clause is a constitutional provision that identifies the supremacy of federal law and assumes the underlying priority of federal authority. It is considered a cornerstone of the United States' federal political structure.
The core message of the Supremacy Clause is that the Constitution and federal laws take priority over any conflicting rules of state law. This means that federal statutes and treaties must be within the parameters of the Constitution and not violate constitutional limits on federal power.
