Supremacy Clause

Definition

The Supremacy Clause is a provision in the U.S. Constitution that establishes the Constitution, federal laws, and treaties as the 'supreme law of the land.' This means that federal law takes precedence over state law when the two conflict.

5 Must Know Facts For Your Next Test

1. The Supremacy Clause is found in Article VI, Clause 2 of the U.S. Constitution.
2. It establishes that the Constitution, federal laws, and treaties constitute the 'supreme law of the land,' taking precedence over conflicting state constitutions, laws, or actions.
3. The Supremacy Clause is a key principle of federalism, defining the relationship between federal and state governments.
4. The Supremacy Clause has been interpreted to allow federal preemption of state law when Congress intends to occupy a regulatory field or when state law conflicts with federal law.
5. Challenges to the Supremacy Clause, such as state nullification of federal law, have been consistently rejected by the Supreme Court.

Review Questions

• Explain how the Supremacy Clause establishes the relationship between federal and state law.
  • The Supremacy Clause dictates that the U.S. Constitution, federal laws, and treaties are the supreme law of the land, taking precedence over conflicting state constitutions, laws, or actions. This means that when federal and state law are in conflict, federal law prevails. The Supremacy Clause is a key principle of federalism, defining the hierarchy between the federal government and state governments, with the federal government holding ultimate authority.
• Describe the doctrine of preemption and how it relates to the Supremacy Clause.
  • The doctrine of preemption, which stems from the Supremacy Clause, holds that federal law supersedes or preempts conflicting state law, rendering the state law unenforceable. This can occur when Congress intends to occupy a regulatory field, leaving no room for state involvement, or when state law directly conflicts with federal law. The Supremacy Clause establishes the legal framework for preemption, ensuring the supremacy of federal authority over the states.
• Analyze how challenges to the Supremacy Clause, such as state nullification, have been viewed by the Supreme Court.
  • The Supreme Court has consistently rejected challenges to the Supremacy Clause, such as state attempts at nullification of federal law. The Court has firmly upheld the principle that the U.S. Constitution, federal laws, and treaties are the supreme law of the land, and that states cannot nullify or refuse to enforce federal law within their borders. This stance reinforces the Supremacy Clause as a critical component of American federalism, preserving the federal government's ultimate authority over the states.

Related terms

Preemption: The doctrine that federal law supersedes or preempts conflicting state law, rendering the state law unenforceable.

Federalism:

The division of power between the federal government and state governments, with each level having sovereignty in certain areas.

Nullification: The assertion by a state that a federal law is unconstitutional and therefore null and void within the boundaries of that state.