The Supremacy Clause: The 'Linchpin' of the Constitution
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What is the Supremacy Clause?
Article VI, Clause 2 of the U.S. Constitution, which establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the 'supreme Law of the Land'.
What is the 'supreme Law of the Land' in the United States?
The 'supreme Law of the Land' includes:
1. The U.S. Constitution.
2. Federal laws made 'in Pursuance thereof' (i.e., consistent with the Constitution).
3. Treaties made under the authority of the United States.
What is the hierarchy of laws in the United States, from highest to lowest?
1. U.S. Constitution
2. Federal Laws and Treaties
3. State Constitutions
4. State Laws
5. Local Ordinances
What does the Supremacy Clause mean for state judges and officials?
It means they are bound to uphold the U.S. Constitution and federal laws, even if they conflict with their own state's constitution or laws.
Why is the Supremacy Clause often called the 'linchpin' of the Constitution?
Because it joins the national government and the state governments into a single governmental unit, a federal system, by establishing a clear hierarchy and preventing legal chaos.
If a state law conflicts with a federal law, which one prevails?
The federal law prevails, provided it is within the constitutional authority of the federal government.
How did the Supreme Court case *McCulloch v. Maryland* (1819) reinforce the Supremacy Clause?
The Court ruled that Maryland could not tax the national bank. It affirmed that 'the power to tax involves the power to destroy' and that a state could not impede the legitimate actions of the federal government.
Does the Supremacy Clause make the federal government all-powerful?
No. The Supremacy Clause only applies to federal laws that are 'in Pursuance thereof' the Constitution. If the federal government passes a law that exceeds its constitutional powers, the Supremacy Clause does not apply.
Give a modern example involving the Supremacy Clause.
Federal drug laws make marijuana illegal. Even if a state legalizes it, it remains illegal under federal law. Federal authorities can, in theory, enforce federal law in that state due to the Supremacy Clause.
