Supremacy Clause

Overview

The Supremacy Clause is a key component of the United States Constitution, found in Article VI, Clause 2. This clause establishes the U.S. Constitution, federal statutes, and U.S. treaties as "the supreme law of the land." It provides that these are the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state.

A close-up photograph of the United States Constitution.

Text of the Clause

The exact text of the Supremacy Clause can be found in Article VI, Clause 2 of the United States Constitution. It reads as follows:

"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."

Interpretation and Application

The Supremacy Clause has been interpreted as an explicit restatement of the concept of federalism, which is the division of powers between the federal government and the individual state governments. It underscores the power of federal law, making it the ultimate authority in conflicts between federal and state law.

The application of the Supremacy Clause is often seen in cases where state laws are in conflict with federal laws. When such conflicts arise, state laws are invalidated. This is because the Supremacy Clause mandates that state constitutions and state laws must not conflict with federal laws.

Historical Context

The Supremacy Clause was drafted as part of the original Constitution in 1787. The inclusion of this clause was seen as a reaction to the failures of the Articles of Confederation, under which federal law was weak and states were largely sovereign.

Legal Precedents

Over the years, several court cases have served to reinforce the Supremacy Clause. One of the most notable is McCulloch v. Maryland (1819), in which the Supreme Court held that the state of Maryland could not tax the federal bank, establishing the supremacy of federal law over state law.

Implications for Federalism

The Supremacy Clause has significant implications for the concept of federalism in the United States. It establishes the legal framework for the relationship between federal and state laws, and ensures the primacy of federal law in the event of conflict.