Kara Sears
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Article VI of the Constitution establishes the Constitution as the supreme law of the land, taking priority over any conflicting state laws. This is known as the Supremacy Clause, which also establishes the federal judiciary and the Supreme Court. The Supreme Court has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution.
| Characteristics | Values |
|---|---|
| Article Number | VI |
| Clause Number | 2 |
| Name | Supremacy Clause |
| Description | The Supremacy Clause establishes that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. |
| Judicial Review | The Supreme Court has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. |
| Federal Judiciary | Article III establishes the federal judiciary, with the judicial power of the United States vested in the Supreme Court and such inferior courts as Congress may establish. |
| Separation of Powers | The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into the legislative, executive, and judicial branches. |
| State Laws | State constitutions and laws should not conflict with the federal constitution, and in case of a conflict, state judges are legally bound to honor federal laws and the Constitution. |
| Religious Tests | Article VI states that "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States". |
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What You'll Learn
The Supremacy Clause
Article VI of the US Constitution, also known as the Supremacy Clause, establishes that the Constitution, federal laws made in accordance with it, and treaties made under the authority of the United States, are the "supreme Law of the Land". This means that they take precedence over any conflicting state laws, and state courts are bound to uphold federal laws and the Constitution over those of any state.
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Separation of Powers
The US Constitution is the supreme law of the United States of America. It superseded the Articles of Confederation, the country's first constitution, on March 4, 1789. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial.
Legislative Branch
The legislative branch consists of a bicameral Congress, with all legislative powers vested in the Senate and the House of Representatives. Congress allows the will of the people to shape the country's laws and policies through their elected senators and representatives. Citizens elect these officials, who then propose, debate, and vote on legislation. Both the House and the Senate must pass a bill before it becomes law. If the President disapproves of a bill, a two-thirds majority in both the House and the Senate is required to override the veto. Congress also has the power to impeach elected and nominated officials, as well as the sole power to legislate and declare war.
Executive Branch
The executive branch consists of the President of the United States of America, with the executive power vested in this office. The President nominates candidates for the Supreme Court, federal judges, executive department heads, and ambassadors, subject to confirmation by the Senate. The President also appoints Generals and Admirals, who must be confirmed by a majority vote of the Senate.
Judicial Branch
The judicial branch consists of the Supreme Court and other federal courts, with the judicial power of the United States vested in these courts. The Supreme Court has original jurisdiction in cases involving ambassadors, ministers, consuls, foreign nation-states, and controversies involving federal judicial power. The federal courts also have jurisdiction over cases arising under US laws and treaties, international maritime law, conflicting land grants, and cases between US citizens in different states or involving foreign nations. The judicial branch acts as a check on the executive and legislative branches, interpreting and applying the law independently without influence from the President or Congress.
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Federalism
The US Constitution is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution's seven articles delineate the framework of the federal government.
Articles IV, V, and VI embody the concepts of federalism, describing the rights and responsibilities of state governments, the states in relation to the federal government, and the shared process of constitutional amendment.
The US Constitution establishes the principles of federalism by outlining the specific powers and responsibilities of both the federal government and the state governments. Article VI, also known as the Supremacy Clause, is particularly important in upholding the principles of federalism. It establishes the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States as the "supreme Law of the Land", taking priority over any conflicting state laws. This ensures that the states' constitutions and laws do not supersede or conflict with the federal Constitution.
The Supremacy Clause also addresses the issue of conflicting treaties, ensuring that the United States upholds its treaty obligations. It grants the federal judiciary the authority to review state legislation and appeals from state supreme courts, allowing it to strike down state laws found to be in violation of the Constitution. This further reinforces the balance of power between the federal government and the states, with the Supreme Court acting as the final arbiter in cases involving conflicts between federal and state laws.
In conclusion, the US Constitution, through Articles IV, V, and particularly VI, establishes federalism as a fundamental principle of the US governmental system. Federalism ensures a distribution of power between the central federal government and the individual state governments, with the Supremacy Clause ensuring the primacy of the Constitution and federal laws over state laws. This system of checks and balances helps maintain a stable and fair political structure in the United States.
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Judicial Review
Article VI of the US Constitution establishes it as the supreme law of the land. This article, also known as the Supremacy Clause, states that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, take precedence over any conflicting state laws. It also binds state judges to uphold the Constitution and federal laws, even if they conflict with the laws or constitutions of their respective states.
The Supremacy Clause is a conflict-of-laws rule that ensures federal acts take priority over state acts that conflict with federal law. It also establishes the federal judiciary, vesting judicial power in a Supreme Court and such inferior courts as Congress may establish. This is the basis for judicial review, which is the power of the Supreme Court to declare a Legislative or Executive act in violation of the Constitution. While the text of the Constitution does not explicitly mention judicial review, the idea was contemplated by the Framers, and precedent has since established the courts' authority to exercise it over the actions of Congress or the Executive branch.
The justification for judicial review can be found in the open ratifications held in the states and reported in their newspapers. Proponents of judicial review, such as John Marshall, James Wilson, and Oliver Ellsworth, argued for the Supreme Court's authority to review acts of state legislature. Alexander Hamilton also advocated for judicial review in Federalist No. 78, stating that a limited constitution could only be preserved through courts that could declare void any legislation contrary to it.
The Supreme Court established its authority to exercise judicial review in the landmark case of Marbury v. Madison in 1803. In this case, the Court found that Section 13 of the Judiciary Act of 1789 was unconstitutional as it purported to enlarge the original jurisdiction of the Supreme Court beyond what was permitted by the Constitution. This case also asserted the Court's authority over Acts of Congress, with the finding that Marbury and others had a right to their commissions as judges in the District of Columbia.
In subsequent cases, the Supreme Court further solidified its power of judicial review. In Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821), the Court held that the Supremacy Clause and Article III granted it the ultimate power to review state court decisions involving issues arising under the Constitution and laws of the United States. Additionally, in Ableman v. Booth (1859), the Court cited the Supremacy Clause to overturn a decision by the Supreme Court of Wisconsin, asserting that state courts cannot issue rulings that contradict the decisions of federal courts.
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The Bill of Rights
Article VI of the US Constitution establishes it as the supreme law of the land. It states that the Constitution, federal laws, and treaties made under the authority of the United States take precedence over any conflicting state laws.
Now, moving on to the Bill of Rights:
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Frequently asked questions
Article VI of the US Constitution establishes that the Constitution, federal laws, and treaties made under the authority of the United States are the supreme law of the land, taking precedence over state laws.
The Supremacy Clause, found in Article VI, Clause 2 of the Constitution, specifies that federal laws take priority over state laws. It also establishes the Constitution as "Law", allowing courts to apply judicial review and interpret the Constitution.
The Supreme Court has the power of judicial review, which allows it to declare acts of Congress or the Executive branch unconstitutional if they conflict with the Constitution. The Supreme Court has the final say in matters of federal law and constitutional interpretation, and it can overrule state court decisions.
