Jonah Patel
The Supremacy Clause, established under Article VI, Paragraph 2 of the US Constitution, is a conflict-of-laws rule that specifies that federal law takes precedence over any conflicting state law. It is considered a cornerstone of the United States' federal political structure. The Supremacy Clause also enables the federal government to enforce treaties, create a central bank, and enact legislation without interference from the states.
| Characteristics | Values |
|---|---|
| Clause name | Supremacy Clause |
| Location | Article VI, Paragraph 2 of the US Constitution |
| Purpose | Federal law takes precedence over state law |
| Powers | Enables the federal government to enforce treaties, create a central bank and enact legislation without interference from the states |
| Powers | Does not allow the federal government to review or veto state laws before they take effect |
| Powers | Underpins the broader doctrine of preemption, where a higher authority can preempt the law of a lower authority if the superiority of the former is stated expressly or implied |
| Powers | Contains the Constitution's most explicit references to what lawyers call 'judicial review' |
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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 law takes precedence over state law
The Supremacy Clause is the clause in the US Constitution that protects federal law taking precedence over state law. It is a foundational principle that federal law takes precedence over any conflicting state law. It is established under Article VI, Paragraph 2 of the US Constitution.
The Supremacy Clause is a conflict-of-laws rule that specifies that certain federal acts take priority over any state acts that conflict with federal law. It also designates the Constitution as the "supreme law of the land". This means that when state laws conflict with the Constitution, the Constitution wins.
The Supremacy Clause also applies to federal regulations and treaties. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution. They must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights.
The Supremacy Clause is considered a cornerstone of the United States' federal political structure. It underpins the broader doctrine of preemption, where if laws are in conflict, the law of a higher authority can preempt the law of a lower authority if the superiority of the former is stated expressly or implied.
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Federal government can enforce treaties
The Supremacy Clause, established under Article VI, Paragraph 2 of the US Constitution, enables the federal government to enforce treaties. It is considered a cornerstone of the United States' federal political structure.
The Supremacy Clause refers to the foundational principle that federal law takes precedence over any conflicting state law. It addresses the legal status of the laws that other parts of the Constitution empower Congress to make, as well as the legal status of treaties and the Constitution itself.
The Supremacy Clause contains the Constitution's most explicit references to what lawyers call "judicial review". This is the idea that even duly enacted statutes do not supply rules of decision for courts to the extent that the statutes are unconstitutional.
Some scholars say that the Supremacy Clause's reference to "the Laws of the United States which shall be made in Pursuance [of the Constitution]" itself incorporates the idea of judicial review; in their view, a federal statute is not "made in Pursuance [of the Constitution]" unless the Constitution really authorises Congress to make it. Other scholars say that this phrase simply refers to the lawmaking process described in Article I, and does not necessarily distinguish duly enacted federal statutes that conform to the Constitution from duly enacted federal statutes that do not.
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Judicial review
The Supremacy Clause, established under Article VI, Paragraph 2 of the US Constitution, is considered a cornerstone of the country's federal political structure. It assumes the underlying priority of federal authority, albeit only when that authority is expressed in the Constitution itself. The Supremacy Clause contains the Constitution's most explicit references to what lawyers call 'judicial review'. This is the idea that even duly enacted statutes do not supply rules of decision for courts to the extent that the statutes are unconstitutional.
The Supremacy Clause states:
> 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.
The clause does not give Congress additional powers. Instead, it addresses the legal status of the laws that other parts of the Constitution empower Congress to make, as well as the legal status of treaties and the Constitution itself. It enables the federal government to enforce treaties, create a central bank, and enact legislation without interference from the states. However, it does not allow the federal government to review or veto state laws before they take effect.
Some scholars say that the Supremacy Clause's reference to 'the Laws of the United States which shall be made in Pursuance [of the Constitution]' itself incorporates the idea of judicial review; in their view, a federal statute is not 'made in Pursuance [of the Constitution]' unless the Constitution really authorises Congress to make it. Other scholars say that this phrase simply refers to the lawmaking process described in Article I, and does not necessarily distinguish duly enacted federal statutes that conform to the Constitution from duly enacted federal statutes that do not.
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Federal authority
The Supremacy Clause, established under Article VI, Paragraph 2 of the US Constitution, is a foundational principle that federal law takes precedence over any conflicting state law. It assumes the underlying priority of federal authority, although this is only when that authority is expressed in the Constitution itself.
The Supremacy Clause enables the federal government to enforce treaties, create a central bank, and enact legislation without interference from the states. It does not, however, allow the federal government to review or veto state laws before they take effect.
The Supremacy Clause contains the Constitution's most explicit references to what lawyers call 'judicial review'—the idea that even duly enacted statutes do not supply rules of decision for courts to the extent that the statutes are unconstitutional. Some scholars say that the Supremacy Clause's reference to "the Laws of the United States which shall be made in Pursuance [of the Constitution]" itself incorporates this idea; in their view, a federal statute is not "made in Pursuance [of the Constitution]" unless the Constitution really authorises Congress to make it. Other scholars say that this phrase simply refers to the lawmaking process described in Article I, and does not necessarily distinguish duly enacted federal statutes that conform to the Constitution from duly enacted federal statutes that do not.
The Supremacy Clause is considered a cornerstone of the United States' federal political structure.
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Frequently asked questions
The Supremacy Clause is a conflict-of-laws rule that specifies that federal acts take priority over state acts that conflict with federal law. It is established under Article VI, Paragraph 2 of the US Constitution.
The Supremacy Clause enables the federal government to enforce treaties, create a central bank, and enact legislation without interference from the states.
The Supremacy Clause addresses the legal status of the laws that other parts of the Constitution empower Congress to make, as well as the legal status of treaties and the Constitution itself.
The Supremacy Clause assumes the underlying priority of federal authority, as long as that authority is expressed in the Constitution itself.
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