The Constitution: From Document To Law Of The Land

The phrase law of the land is a legal term referring to all the laws in force within a country or region, including statute law and case-made law. The term was used in the Supremacy Clause of the U.S. Constitution, which was passed unanimously on July 17, 1787, and established the Constitution and federal laws made under it as the supreme Law of the Land, taking priority over conflicting state laws. The Supremacy Clause, also known as Article VI, Clause 2, asserts that state courts and constitutions are bound by and subordinate to federal law. This clause is considered a cornerstone of the U.S.'s federal political structure, emphasising the priority of federal authority within the boundaries of the Constitution.

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.

The Supreme Court has applied the Supremacy Clause in several significant cases, including Gibbons v. Ogden, McCulloch v. Maryland, and Ware v. Hylton, which enabled the enforcement of the treaty ending the Revolutionary War, the chartering of a central bank, and the enactment of other legislation without interference from individual states. The Court has also used the Supremacy Clause to uphold the power of Congress to establish rules of decision that American courts must follow, even if state law provides contrary rules.

In modern times, the Supreme Court has recognised various ways in which federal statutes can displace or "preempt" state law, either through express "preemption clauses" or by implicitly stripping states of lawmaking power in specific fields. The Supremacy Clause continues to be a crucial aspect of the U.S. Constitution, ensuring the supremacy of federal law and the effective functioning of the federal government.

The Northwest Ordinance

The ordinance was based on principles outlined by Thomas Jefferson in the Ordinance of 1784, and spelled out a plan that was subsequently used as the country expanded to the Pacific. It was considered one of the most important legislative acts of the Confederation Congress, as it established the precedent by which the federal government would be sovereign and expand westward with the admission of new states.

• A division of the Northwest Territory into "not less than three nor more than five states"
• A three-stage method for admitting a new state to the Union: a congressionally appointed governor, secretary, and three judges to rule in the first phase; an elected assembly and one non-voting delegate to Congress to be elected in the second phase when the population of the territory reached "five thousand free male inhabitants of full age"; and a state constitution to be drafted and membership to the Union to be requested in the third phase when the population reached 60,000
• A bill of rights protecting religious freedom, the right to a writ of habeas corpus, the benefit of trial by jury, and other individual rights; the ordinance also encouraged education and forbade slavery

The Continental Congress

The First Continental Congress was called in response to the passage of the Coercive Acts (also known as the Intolerable Acts) by the British Parliament. The goal was to address colonial concerns and decide on a unified course of action. Each colony except Georgia sent representatives, and Peyton Randolph of Virginia was elected as the first president of the Continental Congress. The delegates issued a Declaration of Rights and Grievances, in which they affirmed their loyalty to the British Crown and asserted that the British Parliament had no right to impose taxes on them because they lacked representation. They also called for a boycott of British goods, known as the Continental Association, and petitioned the king to address their grievances.

The Second Continental Congress served as a de facto national government during the American Revolution, and it was this body that coordinated the colonial war effort, issued paper money, established the Continental Army, appointed George Washington as commander-in-chief, and adopted the Declaration of Independence. The Second Continental Congress also drafted the Articles of Confederation, which served as the first constitution of the United States after the War of Independence.

On July 17, 1787, the Continental Congress passed a motion stating that the Constitution would be the "supreme Law of the Land," taking precedence over all state laws and constitutions. This motion, known as the Supremacy Clause, established the priority of federal authority and marked a significant step in the formation of the United States as a nation.

The Supremacy Clause, or Article VI, Clause 2 of the Constitution, 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 Supremacy Clause was introduced as part of the New Jersey Plan during the Constitutional Convention of 1787 and passed unanimously. It affirms the supremacy of the Constitution and federal laws made under it, ensuring that they take precedence over any conflicting state laws or constitutions. This clause is considered a cornerstone of the United States' federal political structure, emphasising the priority of federal authority as long as it is expressed in the Constitution.

The New Jersey Plan

The US Constitution became the law of the land in 1788, after it was ratified by nine states.

• The first resolution advocated for a unicameral system of legislature with revisions to the Articles of Confederation.
• The second resolution proposed expanding the powers of Congress, granting it the authority to collect import duties, raise taxes, and regulate interstate and foreign commerce.
• The third resolution established the three-fifths rule, whereby three-fifths of the number of enslaved people in a state would be counted for determining its population and proportional funding requests from Congress.
• The fourth resolution called for an executive branch consisting of multiple individuals, who could be removed by a majority vote of the states.
• The fifth resolution provided for a federal judiciary appointed by the executive branch to hear federal impeachment cases and appeals.
• The sixth resolution declared that acts of Congress, treaties, and the Articles of Confederation would be considered the supreme law of the land.
• The seventh resolution proposed a path for new states to join the union.
• The eighth resolution advocated for universal rules for naturalization.
• The ninth resolution stated that citizens of all states should be treated equally in state criminal courts.

After four days of debate, the New Jersey Plan was rejected by the delegates on June 19, 1787. Three states voted in favour, seven against, and one was divided. The delegates instead chose the Virginia Plan, which called for a bicameral legislature with representation based on population. However, the concerns of the less populous states were not entirely ignored. The final compromise, known as the Great Compromise or the Connecticut Compromise, combined elements of both plans. It provided for a Senate with equal representation for each state, regardless of population, and a House of Representatives with representation based on population. This compromise satisfied states of all sizes and became a crucial component of the US Constitution.

The Virginia Constitution

The phrase "law of the land" is a legal term that refers to all the laws in force within a country or region, including statute law and case-made law. The term was used in the 1215 Magna Carta, and later in the Virginia Constitution of 1776, which was written following the American Revolution.

• Equality and rights of men, including the inherent rights to life, liberty, and the pursuit of happiness and safety.
• The people as the source of power, with magistrates as their trustees and servants.
• The role of government in ensuring the common benefit, protection, and security of the people.
• The separation of legislative, executive, and judicial departments.
• The importance of free elections and the right of suffrage.
• The prohibition of excessive bail and fines, cruel and unusual punishments, and general warrants of search or seizure.
• The right to due process of law, freedom of speech and religion, and the right to keep and bear arms.

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