Keith Mack
The Supremacy Clause of the US Constitution establishes federal law as supreme, meaning that certain federal acts take priority over conflicting state acts. This principle, known as federal preemption, applies regardless of whether the conflicting laws come from legislatures, courts, administrative agencies, or constitutions. For example, the Voting Rights Act of 1965, an act of Congress, preempts state constitutions, and Food and Drug Administration regulations may preempt state court judgments in cases involving prescription drugs. While states possess a degree of autonomy and can refuse to enforce certain federal laws, particularly when they conflict with state laws or interests, the Supremacy Clause ensures that federal law takes precedence in the event of a conflict.
| Characteristics | Values |
|---|---|
| Name | Supremacy Clause |
| Location | Article VI, Clause 2 of the US Constitution |
| Description | A conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with federal law |
| Interpretation | Federal preemption applies regardless of whether the conflicting laws come from legislatures, courts, administrative agencies, or constitutions |
| Examples | Voting Rights Act of 1965, 1976 Medical Device Regulation Act |
| Nullification | States may refuse to enforce certain federal laws, particularly when they conflict with state laws or interests |
| Federalism | The system of federalism allows for state law to supplement or stand alongside federal law |
| Court Rulings | The Supreme Court has final authority to interpret the Constitution and federal treaties, rejecting attempts by states to nullify federal law |
| Court Jurisdiction | Federal courts have final jurisdiction in all cases involving the Constitution and laws of the United States |
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What You'll Learn
The Supremacy Clause
The Supreme Court has relied on the Supremacy Clause to establish a robust role for the federal government in managing the nation's affairs and has interpreted the clause as a principle of federal preemption. This means that valid federal statutes can preempt state law that would otherwise apply. However, federal preemption only applies when the two laws contradict each other, such that applying one would require disregarding the other.
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Federal preemption
The preemption doctrine refers to the idea that a higher authority of law will override a lower authority when there is a conflict. In the United States, federal preemption occurs when a federal statute explicitly confirms Congress's intention to preempt state law. This is known as express preemption, and it requires a clear statement of congressional intent. For example, in English v. General Electric Co., a provision of the Airline Deregulation Act stated that no state could "enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to rates, routes, or services of any [covered] air carrier."
Implied preemption is a more controversial form of federal preemption, as it may be harder to establish. It can occur in two ways: field preemption or conflict preemption. Field preemption occurs when Congress indicates an intent to occupy a field, and conflict preemption occurs when compliance with both federal and state law is impossible. In Mutual Pharmaceutical Co. v. Bartlett, an example of conflict preemption, federal law under the Commerce Clause authority conflicted with state tort law regarding drug labelling.
The Supreme Court plays a crucial role in interpreting federal preemption. When rules or regulations are unclear, the Court tries to follow lawmakers' intent and avoid preempting state laws. The main question courts seek to answer is whether a conflict exists between federal and state laws. In cases involving the Constitution and laws of the United States, the federal courts have final jurisdiction, preventing state interference.
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State nullification
Nullification is a constitutional theory that asserts that individual states can invalidate federal laws, treaties, or judicial decisions that they deem to be unconstitutional. The theory, proposed by Thomas Jefferson and James Madison in the Kentucky and Virginia Resolutions of 1798, respectively, maintains that the Constitution is a "compact" among states, and that states have the power to nullify federal laws that exceed the federal government's delegated powers.
The Kentucky Resolution sought to nullify the Alien and Sedition Acts, which granted the president the power to deport people deemed a threat to national security and criminalized critical speech. The Virginia Resolution took a more moderate approach, opting for the right of "interposition," which involved announcing the laws' unconstitutionality to the public. While these resolutions were not legally upheld, they contributed to Jefferson's successful presidential campaign in 1800.
The Nullification Crisis of 1832-1833 arose when the South Carolina legislature passed an Ordinance of Nullification, declaring two federal tariff laws, the Tariff of 1828 and the Tariff of 1832, as null and void due to their disproportionate financial burden on southern states. Vice President John C. Calhoun, following Jefferson's compact theory, argued that states could "veto" federal acts that exceeded the federal government's powers. However, President Andrew Jackson forcefully denounced the theory of nullification.
In 1957, Arkansas attempted to nullify the Supreme Court's ruling in Brown v. Board of Education (1954), which held that school segregation was unconstitutional under the Equal Protection Clause of the 14th Amendment. Arkansas amended its constitution to oppose the desegregation decisions, leading to a crisis when the governor deployed the National Guard to prevent Black students from attending white schools.
Despite these attempts, the power to make final decisions about the constitutionality of federal laws lies with the federal courts, not the states. The Supremacy Clause of the Constitution establishes federal law as the "supreme Law of the Land," taking priority over conflicting state laws. The Supreme Court has repeatedly rejected nullification attempts, affirming that federal law is superior to state law, and that the federal judiciary has the final power to interpret the Constitution.
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Federalism
The Supremacy Clause was included in the Constitution to address issues with the Articles of Confederation, which lacked a provision declaring federal law superior to state law. The Supremacy Clause establishes the priority of federal authority and serves as a cornerstone of the U.S. federal political structure. It ensures that federal law takes precedence over state law when a conflict arises, and it grants the U.S. Supreme Court the power to reverse decisions made by state supreme courts in cases involving the Constitution and federal law.
While Congress can include explicit language in a statute to preempt state law, preemption can also be implied by other factors. Conflict preemption occurs when compliance with both federal and state law is impossible, or when state law hinders federal objectives. Field preemption occurs when federal law extensively covers a particular field, leaving no room for state supplementation, or when the federal interest is dominant in a specific field.
The Supreme Court has ruled on several cases involving preemption, such as Arizona v. United States, where federal immigration law preempted an Arizona state law penalizing undocumented immigrants working without authorization. In Sperry v. Florida, the Court held that federal patent law preempted state licensure law regarding the practice of law. These decisions reinforce the division of powers between the federal and state governments, ensuring that federal law can override conflicting state laws.
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Congressional override
In the United States, the president can use their veto power to prevent a bill passed by Congress from becoming law. However, Congress can override this veto if it achieves a two-thirds majority vote in both the House and the Senate. This is known as a "congressional override".
The first successful congressional override occurred on March 3, 1845, when Congress overrode President John Tyler's veto of an appropriation bill. The House voted 126-31 in favour of the override, nullifying Tyler's veto. The bill would prohibit the President from authorising the building of the Revenue Marine Service.
Congress has successfully overridden presidential vetoes less than 5% of the time. In comparison, US Presidents have vetoed over 2,500 bills. The pocket veto is an absolute veto that cannot be overridden. This type of veto comes into effect when the President does not sign a bill after Congress has adjourned and is unable to override the veto.
The Supremacy Clause, which is part of the US Constitution, also gives Congress the power to override state laws. This clause establishes that the Constitution, federal laws, and treaties made under the authority of the US, are the "supreme Law of the Land", and take priority over conflicting state laws.
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Frequently asked questions
The Supremacy Clause of the US Constitution dictates that federal laws, including treaties, are the supreme law of the land, and state laws cannot override them.
The Supremacy Clause, established under Article VI, Paragraph 2 of the US Constitution, is among the Constitution's most significant structural provisions. It 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.
In Ableman v. Booth (1859), the Supreme Court held that state courts cannot issue rulings that contradict the decisions of federal courts, citing the Supremacy Clause, and overturning a decision by the Supreme Court of Wisconsin.
