Keith Mack
The Supremacy Clause, also known as Article VI, Clause 2 of the US Constitution, 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, taking precedence over any conflicting state laws. This clause addresses the legal status of treaties, federal laws, and the Constitution itself, asserting that federal authority prevails over state laws in cases of conflict. The Supremacy Clause also highlights the role of Congress in making laws and the power of the president, with the Senate's advice and consent, to enter into binding treaties with other nations. This clause has been pivotal in shaping the federal political structure of the United States and ensuring the country's compliance with its treaty obligations.
| Characteristics | Values |
|---|---|
| Name | Supremacy Clause |
| Location | Article VI, Clause 2 of the Constitution of the United States |
| Description | 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", taking priority over conflicting state laws. |
| Federal Statutes and Treaties | Must be within the parameters of the Constitution and not violate constitutional limits on federal power. |
| Treaty Supremacy | Treaties are regarded as equally binding as federal statutes and are incorporated into US federal law. |
| Federalism | The Supremacy Clause assumes the priority of federal authority, with federal and state governments bound by the boundaries of the Constitution. |
| Judicial Review | The Supreme Court has the power to invalidate a statute for violating the Constitution. |
| Preemption | Includes field preemption and conflict preemption, where federal law takes precedence over state law due to dominant federal interest or impossibility of complying with both. |
| Historical Context | A response to issues with the Articles of Confederation, which lacked a provision establishing federal law as superior to state law. |
| Founding Principles | Enabled the enforcement of treaties and federal legislation without interference from individual 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. The Court has interpreted the Clause as allowing for federal preemption of state law, either expressly or impliedly. This means that federal law can preempt state law when it contains explicit language to that effect or when that intent is implicit in its structure and purpose. The Supreme Court has also used the Supremacy Clause to assert its power of judicial review, or the ability to invalidate a statute for violating a provision of the Constitution.
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Federal law supersedes state law
The Supremacy Clause of the US Constitution establishes that the Constitution, federal laws made in pursuance thereof, and treaties made under the authority of the United States are the "supreme Law of the Land". This clause, also known as Article VI, Clause 2, assumes the underlying priority of federal authority and ensures that federal law supersedes state law.
The Supremacy Clause was a response to the lack of a similar provision in the Articles of Confederation, which governed the United States from 1781 to 1789. The absence of such a clause in the Articles led to federal statutes not binding state courts unless there was implementing state legislation. To address this issue, the Confederation Congress called for a convention in 1787 to revise the Articles, resulting in the inclusion of the Supremacy Clause in the Constitution.
The Supremacy Clause specifies that federal acts take priority over any conflicting state acts. This means that federal law can preempt state law, either expressly or impliedly. Express preemption occurs when federal law contains explicit language stating its supremacy over state law. On the other hand, implied preemption happens when the intent to preempt state law is implicit in the structure and purpose of the federal law.
The Supremacy Clause also applies to treaties, which are considered equally as binding as federal statutes. Treaties made under the authority of the United States are incorporated into US federal law and are subject to judicial interpretation and review. The Supreme Court has held 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. However, federal statutes and treaties must still operate within the parameters of the Constitution and not violate constitutional limits on federal power.
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Treaties are binding
Treaties are legally binding agreements between nations or international organisations that are governed by international law. Treaties can be bilateral or multilateral, and they establish the rights and obligations of the parties involved. They are often used to address a wide range of topics, such as security, trade, the environment, and human rights.
The Vienna Convention on the Law of Treaties defines a treaty as "an international agreement concluded between states in written form and governed by international law". While treaties may differ in substance and complexity, they must adhere to the legal principle of pacta sunt servanda, which means that parties must fulfil their obligations and honour their agreements in good faith.
In the context of the United States Constitution, the Supremacy Clause (Article VI, Clause 2) establishes that treaties made under the authority of the United States are part of the "supreme Law of the Land". This means that treaties are considered equal to federal statutes and take precedence over conflicting state laws. The Supremacy Clause also addresses the legal status of treaties, federal laws, and the Constitution itself.
The United States Constitution also outlines the process for making treaties, stating that the president has the power to make treaties with the advice and consent of two-thirds of the Senate. While the Senate does not ratify treaties, it plays a role in approving or rejecting resolutions of ratification.
It is important to note that while treaties are generally binding, there may be valid reasons for non-performance or termination, such as unforeseen circumstances or material breach by one of the parties. Additionally, the interpretation and enforceability of certain types of international agreements may vary among courts.
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The Supremacy Clause and the Tenth Amendment
The Supremacy Clause is a conflict-of-laws rule that specifies that federal acts take precedence over state acts that conflict with federal law. It is considered a cornerstone of the United States' federal political structure. The Supremacy Clause is derived from Article XIII of the Articles of Confederation, which provided that "Every State shall abide by the determination of the [Congress], on all questions which by this confederation are submitted to them".
The Supremacy Clause states that:
> This Constitution, and the Laws of the United States which shall be made in Pursuance thereof ... shall be the supreme Law of the Land ....
The Supremacy Clause does not grant Congress additional powers but instead addresses the legal status of the laws that other parts of the Constitution empower Congress to make, as well as the legal status of treaties and the Constitution itself. The core message of the Supremacy Clause is that the Constitution and federal laws take priority over any conflicting rules of state law.
The Tenth Amendment, on the other hand, provides that:
> [t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The Tenth Amendment outlines a straightforward principle: when Congress and the President act within the powers expressly granted to them by the Constitution, their laws and acts prevail. In all other cases, power and authority reside with the states or the people.
In practice, there is little case law addressing the long doctrinal border between the Supremacy Clause and the Tenth Amendment. While the Supremacy Clause allows the federal government to make treaties that supersede state law, the Tenth Amendment ensures that Congress's authority is limited to specific, enumerated powers, retaining a system of "dual sovereignty".
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The Supremacy Clause and the Bill of Rights
The Supremacy Clause, also known as Article VI, Clause 2 of the U.S. Constitution, 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 that state courts and constitutions are subordinate to this supreme law. The Supremacy Clause is considered a cornerstone of the United States' federal political structure, ensuring that federal authority prevails within the boundaries set by the Constitution.
The Supremacy Clause addresses the legal status of laws that the Constitution empowers Congress to make, as well as the legal status of treaties and the Constitution itself. It does not, however, grant Congress additional powers. The core message of the clause is that the Constitution and federal laws take priority over conflicting state laws. This principle, known as federal preemption, applies regardless of whether the conflicting laws originate from legislatures, courts, administrative agencies, or constitutions. For example, in the Voting Rights Act of 1965, an act of Congress took precedence over state constitutions.
The Supremacy Clause also applies to treaties, which are binding agreements between nations that become part of international law. Under the Supremacy Clause, treaties are considered equal to federal statutes and are incorporated into U.S. federal law. The U.S. Supreme Court applied the Supremacy Clause for the first time in the 1796 case, Ware v. Hylton, ruling that a treaty superseded conflicting state law. The Court held that both states and private citizens were bound to comply with the federal government's treaty obligations.
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 modify or abrogate a treaty, even if it violates the treaty under international law. 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.
The Bill of Rights, which comprises the first ten amendments to the U.S. Constitution, serves as a limit on federal power. It outlines the rights and freedoms of citizens, providing security against the government. The Tenth Amendment, in particular, states that the federal government possesses only those powers delegated to it by the Constitution. Thus, federal statutes and treaties must be within the enumerated powers of the Constitution and must not violate constitutional limits on federal power, such as those outlined in the Bill of Rights.
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Frequently asked questions
The Supremacy Clause is a part of the United States Constitution, also known as Article VI, Clause 2. It 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", taking precedence over any conflicting state laws.
The Supremacy Clause states that treaties made under the authority of the United States are considered the "supreme Law of the Land", on par with federal statutes. This means that treaties are legally binding and enforceable, even if they supersede state laws or abrogate states' rights.
The Supremacy Clause was included in the Constitution to address issues with the Articles of Confederation, which lacked a provision establishing the supremacy of federal law over state law. The Supremacy Clause was a response to concerns that individual states were compromising the nation's security by violating its treaty obligations.
