Supremacy Clause

Supremacy Clause is a clause within Article VI of the United States Constitution that establishes the federal constitution, and federal law generally, to take precedence over state laws, and even state constitutions. It provides that all laws made furthering the Constitution and all treaties made under the authority of the United States are the "supreme Law of the Land."

Text

The text of the Supremacy Clause is as follows:

"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."

Interpretation

The Supremacy Clause is often interpreted by courts to resolve conflicts between federal and state laws, where federal laws are to be applied if there is a conflict. This interpretation has been upheld in several landmark cases such as McCulloch v. Maryland and Gibbons v. Ogden.

Implications

The Supremacy Clause has several implications. It ensures a uniform rule of law across all states, prevents states from interfering with federal functions, and allows the federal government to achieve national goals. However, it also limits the power of states and can lead to tension in the federal-state relationship.

Related legal concepts

The Supremacy Clause is related to several other legal concepts such as preemption, where federal law overrides state law, and interstate commerce, which is regulated by the federal government under the Commerce Clause.

See also

• Federalism in the United States
• Tenth Amendment to the United States Constitution
• Commerce Clause
• McCulloch v. Maryland
• Gibbons v. Ogden

   This article is a law-related stub. You can help WikiMD by expanding it!