Gavin Howe
The Supremacy Clause of the US Constitution establishes that federal laws and the Constitution itself take precedence over conflicting state laws. This means that a federal law cannot exempt itself from the Constitution, and any state law that conflicts with the Constitution or federal laws is deemed invalid. The Supremacy Clause also covers treaties made under the authority of the US and future treaties. The interpretation of the Constitution and the resolution of conflicts between federal and state laws are the responsibility of the courts.
| Characteristics | Values |
|---|---|
| Supremacy Clause | Federal laws and the Constitution take priority over conflicting state laws |
| Supremacy Clause | Federal statutes are "supreme" over state law |
| Supremacy Clause | Federal laws are part of the "supreme Law of the Land" |
| Supremacy Clause | Refers to "the Laws of the United States which shall be made in Pursuance [of the Constitution]" |
| Supremacy Clause | Contains the Constitution's most explicit references to "judicial review" |
| Federal Courts | Designed to be an intermediate body between the people and their legislature |
| Federal Courts | Interpret the Constitution and the meaning of laws passed by Congress |
| Federal Courts | Decide whether a federal statute should be understood to preempt an aspect of state law |
| State Laws | Can be held unconstitutional if they conflict with the Constitution |
| State Laws | Can be held unconstitutional if they impose an invalid burden on interstate commerce |
| State Laws | Can be held unconstitutional if they violate the Contracts Clause |
| State Laws | Can be held unconstitutional if they violate the Constitution's protection of equal rights |
| State Laws | Can be held unconstitutional if they violate due process of law |
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What You'll Learn
Federal laws are supreme over state law
The Supremacy Clause of the United States Constitution establishes that federal laws are supreme over state laws. This means that federal statutes and treaties are considered the "supreme law of the land", taking precedence over any conflicting state laws or constitutions. The Supremacy Clause was first applied in the 1796 case of Ware v. Hylton, where the US Supreme Court ruled that a treaty superseded conflicting state law.
The Supremacy Clause ensures that federal laws are supreme by granting Congress the authority to establish rules that American courts are bound to follow, even if they conflict with state laws. This power is not absolute, however, as Congress must act within the limits of the powers granted to it by the Constitution. The US Supreme Court has the power of judicial review, allowing it to invalidate federal statutes that violate the Constitution.
The Supremacy Clause has been described as an "unquestioned axiom of the founding" of the United States. It is based on the idea that if multiple political societies form a larger political society, the laws of the larger society must be supreme over those of the smaller societies and their individual members. Alexander Hamilton, in Federalist No. 33, wrote that federal laws, by definition, must be supreme, arguing that "a law, by the very meaning of the term, includes supremacy". James Madison, in Federalist No. 44, defended the Supremacy Clause as vital to the functioning of the nation.
Despite the Supremacy Clause, there have been instances where states have attempted to exempt themselves from federal laws. For example, Kansas passed a law, known as S.B. 102 or the "Second Amendment Protection Act", which sought to restrict the enforcement of federal gun laws that the state believed violated the Second Amendment. The law was challenged in federal court as a violation of the Supremacy Clause, with a lawsuit arguing that "neither the Kansas legislature, nor any state legislature, is empowered to declare federal law 'invalid' or to criminalize the enforcement of federal law". This controversy highlights the ongoing tension between federal and state powers and the role of the courts in interpreting and upholding the Constitution.
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The Supremacy Clause
In the twentieth century, the Supreme Court's application of the Supremacy Clause evolved with broader legal and political trends. During the New Deal era of the 1930s and 1940s, the Court recognised the need for a more active national government and revised its interpretation of the clause. The Court acknowledged that federal law could preempt state law either expressly or impliedly. Express preemption occurs when federal law explicitly states its supremacy over state law, while implied preemption is inferred from the structure and purpose of federal law.
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State laws can be held unconstitutional
The US Constitution is the nation's fundamental law, and federal laws are valid and controlling as long as they are consistent with it. The federal courts have been given the power to determine whether federal laws are consistent with the Constitution, with the Supreme Court having the final authority.
In another case, Fletcher v. Peck (1810), a Georgia statute annulling conveyance of public lands authorized by a prior enactment violated the Contracts Clause (Art. I, § 10) of the Constitution. Similarly, in Dartmouth College v. Woodward (1819), a New Hampshire law that altered a charter granted to a private corporation by the British Crown prior to the Revolution was also found to have violated the Contracts Clause.
State laws can also be held unconstitutional when they attempt to exempt themselves from federal laws. For instance, in recent years, several states, including Kansas, have passed laws attempting to restrict federal gun laws, arguing that they violate the Second Amendment right to bear arms. However, these laws have been challenged in federal court as unconstitutional under the Supremacy Clause of the US Constitution, which states that state laws cannot invalidate or criminalize the enforcement of federal law.
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The role of federal courts
Federal laws are passed by Congress and signed by the President. The federal court system has three main levels: district courts, circuit courts, and the Supreme Court of the United States. The district courts are the trial courts, handling trials and resolving disputes within the federal court system for both civil and criminal cases. The 94 district courts are spread across the country. The circuit courts are the first level of appeal, with 13 such courts in the country. The Supreme Court is the highest court in the land and the final level of appeal in the federal system.
The judicial branch has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the United States Constitution or federal statutes. The federal district court is the starting point for any case arising under federal statutes, the Constitution, or treaties. This type of jurisdiction is called “original jurisdiction.” Sometimes, the jurisdiction of state courts will overlap with that of federal courts. For example, cases that are entirely based on state law may be brought in federal court under the court’s “diversity jurisdiction.” Diversity jurisdiction allows a plaintiff of one state to file a lawsuit in federal court when the defendant is located in a different state.
Federal judges are selected by the President and confirmed by the Senate. They may hold their positions for life but can be impeached and removed by Congress. Federal courts play an integral role in maintaining the rule of law, particularly when they hear the grievances voiced by minority groups or those with minority opinions. Federal courts were designed to be an independent judiciary, acting as an "intermediate body between the people and their legislature" to ensure that the people's representatives act only within the authority given to Congress under the Constitution. Courts have the responsibility to interpret the Constitution's meaning, as well as the meaning of any laws passed by Congress.
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The Supremacy Clause and treaties
The Supremacy Clause, outlined in Article VI, Section 2, of the US Constitution, establishes the supremacy of federal law over state law. It asserts 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 or constitutions, and judges in every state are bound to follow them.
The Supremacy Clause was introduced to address the shortcomings of the Articles of Confederation, which lacked a provision declaring federal law as superior to state law. During the Confederation era, federal statutes did not bind state courts unless there was implementing state legislation. The Supremacy Clause was designed to rectify this by ensuring that federal law holds primacy.
The Supremacy Clause has been invoked in various legal disputes, including those involving federal gun laws and state attempts to nullify them. For example, in the case of Villas at Parkside Partners v. City of Farmers Branch, a city ordinance requiring individuals to obtain a license before residing in a rented apartment or single-family residence was found to conflict with pre-existing federal law, illustrating the supremacy of federal law over state law.
While treaties are generally considered as binding as domestic federal law, there have been differing opinions on the enforceability of certain international agreements and the scope of a treaty's legal obligations. The Supreme Court has held that Congress can abrogate a treaty through legislative action, even if it violates the treaty under international law. This was demonstrated in the 1884 Head Money Cases. However, in Missouri v. Holland (1920), the Court ruled that the Supremacy Clause allows the federal government to make treaties that supersede state law, even if they abrogate states' rights under the Tenth Amendment.
Despite the broad interpretation of the Supremacy Clause in Missouri v. Holland, the Supreme Court later circumscribed its scope in Reid v. Covert (1957) by holding that treaties and laws made under them must comply with the Constitution. Additionally, in Medellín v. Texas (2008), the enforceability of treaties was further limited as the Court held that a treaty is not binding domestic law unless implemented by an act of Congress or explicitly "self-executing." These decisions highlight the complex dynamics between federal law, treaties, and the Constitution, with the Supreme Court playing a pivotal role in interpreting and enforcing these interactions.
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Frequently asked questions
No. The Supremacy Clause of the United States Constitution establishes that the Constitution and federal laws take precedence over conflicting rules of state law.
No. While states have attempted to do so, the Supremacy Clause of the Constitution does not allow it.
The Supremacy Clause is a provision in Article VI, Section 2 of the United States Constitution that establishes the Constitution and federal laws as the "supreme Law of the Land". It ensures that federal laws take precedence over conflicting state laws.
