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Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. It prohibits states from interfering with the federal government's exercise of its constitutional powers, and ...
The short answer is that Article VI, paragraph 2, makes treaties the supreme law of the land on the same footing with acts of Congress. The clause was a direct result of one of the major weaknesses of the Articles of Confederation.
Article VI, Clause 2: 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.
Seen in this light, the Supremacy Clause, with its assertion that the new Constitution and all laws and treaties made under it are the supreme law of the land, represents an attempt on the part of the framers to protect the federal government from the states and, more to the point, to ensure its survival. At the same time, many Americans were ...
The Supremacy Clause establishes the principle of preemption. Preemption provides that if there is a conflict between the Constitution and any other law, the Constitution takes precedence. The Constitution, as well any federal law, will preempt a state law. For example, if state law prohibits certain people from voting but federal law ...
The Convention’s Committee of Style ultimately placed the Supremacy Clause in Article VI, immediately before a provision requiring all judges to take an oath supporting the Constitution.8 Footnote For a detailed summary of the Supremacy Clause’s textual evolution, see Drahozal, supra note 2, at 68–70. The final Supremacy Clause read:
Nov 14, 2023 · Federal Supremacy Clause. Article VI, Paragraph 2 of the United States Constitution, also known as the "Supremacy Clause," establishes the concept of legal supremacy for federal law.
