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Supremacy Clause

For the "Supremacy phrase", see Henry VIII § Style and arms.

Constitutional law
of the United States
Overview
Principles
Government structure
Individual rights
Theory

The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws.[1] It provides that state courts are bound by, and state constitutions subordinate to, the supreme law.[2] However, federal statutes and treaties must be within the parameters of the Constitution;[3] that is, 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—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers that are delegated to it by the Constitution.[4] It is the responsibility of the United States Supreme Court in that case to exercise the power of judicial review: the ability to invalidate a statute for violating a provision of the Constitution.

The Supremacy Clause is essentially a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with federal law. Some jurists further argue that the clause also nullifies federal law that is in conflict with the Constitution, although this is disputed.[5] The Supremacy Clause follows Article XIII of the Articles of Confederation, the predecessor of the Constitution, which provided that "Every State shall abide by the determination of the [Congress], on all questions which by this confederation are submitted to them."[6]

As a constitutional provision identifying the supremacy of federal law, the Supremacy Clause assumes the underlying priority of federal authority, albeit only when that authority is expressed in the Constitution itself;[7] no matter what the federal or state governments might wish to do, they must stay within the boundaries of the Constitution.[8] Consequently, the Supremacy Clause is considered a cornerstone of the United States' federal political structure.[9][10]

  1. ^ Nelson, Caleb; Roosevelt, Kermit. "The Supremacy Clause". Philadelphia, Pennsylvania: National Constitution Center. Retrieved October 10, 2019.
  2. ^ Burnham, William (2006). Introduction to the Law and Legal System of the United States (4th ed.). St. Paul, Minnesota: Thomson West. p. 41.
  3. ^ "Interpretation: The Supremacy Clause | The National Constitution Center". constitutioncenter.org. Retrieved December 29, 2021. Under the Supremacy Clause, the "supreme Law of the Land" also includes federal statutes enacted by Congress. Within the limits of the powers that Congress gets from other parts of the Constitution, Congress can establish rules of decision that American courts are bound to apply, even if state law purports to supply contrary rules. Congress also has at least some authority to put certain topics wholly off limits to state law, or otherwise to restrict what state law can validly say about those topics. As long as the directives that Congress enacts are indeed authorized by the Constitution, they take priority over both the ordinary laws and the constitution of each individual state.
  4. ^ "Suspect Spheres, Not Enumerated Powers: A Guide for Leaving the Lamppost". Michigan Law Review. February 24, 2024.
  5. ^ "The Priority of the Constitution over Federal Statutes - Mike Rappaport". Law & Liberty. April 13, 2012. Retrieved January 11, 2022.
  6. ^ Lawson, Gary. "Essays on Article VI: Supremacy Clause". Washington D.C.: The Heritage Foundation. Retrieved October 10, 2019.
  7. ^ Morrison, Alan B. (1998). "Preemption Controversies". Fundamentals of American law. Oxford University Press US. p. 31. ISBN 978-0-19-876405-2.
  8. ^ "The Priority of the Constitution over Federal Statutes - Mike Rappaport". Law & Liberty. April 13, 2012. Retrieved January 11, 2022. During the ratification, various Federalists urged that "in pursuance" of the Constitution meant not just conformity with bicameralism and presentment, but otherwise consistent with the entire Constitution. Only such latter statutes were entitled to be treated as supreme over contrary state law. See, for example, Jensen, ed, 2 Documentary History of the Ratification at 517 (cited in note 59) (James Wilson commenting that "in pursuance" meant that a law was otherwise constitutional). Earlier, Wilson had claimed that Congress could not pass any laws restricting the press because such laws would not be in "pursuance" of the Constitution. Id at 455. See also Jonathan Elliot, ed, 4 The Debates in the Several State Conventions on the Adoption of the Federal Constitution 188 (2d ed 1836) (Governor Johnston of North Carolina commenting that every law consistent with the Constitution is "made in Pursuance" of it; those laws inconsistent are not made in Pursuance of it); id at 182 (William Davie commenting to the same effect); id at 28, 178–79 (James Iredell commenting to the same effect); Federalist 33 (Hamilton), in The Federalist 203, 207 (Wesleyan 1961) (Jacob E. Cooke, ed) (claiming that laws that are not pursuant to the Constitution, but instead invade state power, are acts of usurpation).
  9. ^ Skousen, W. Cleon (1985). The Making of America – The Substance and Meaning of the Constitution. Washington D.C.: National Center for Constitutional Studies. p. 657. ISBN 9780934364669.
  10. ^ Drahozal, Christopher R. (2004). The Supremacy Clause: A Reference Guide to the United States Constitution. Greenwood Publishing Group. p. xiv. ISBN 9780313314476.

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