Supremacy Clause, Article VI Section 2

Here’s an analysis of Article VI, Section 2 of the United States Constitution, commonly known as the Supremacy Clause:

Article VI, Section 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;

• Commentary: Supremacy of the Constitution: This clause establishes the Constitution as the nation’s highest legal authority. It means that any law or governmental action must conform to the Constitution’s provisions. Federal Laws: Federal statutes enacted by Congress in accordance with the Constitution are also part of this supreme law. This gives federal law precedence over state law when there’s a conflict. Treaties: International treaties ratified by the U.S. are also considered supreme law, emphasizing the importance of international commitments in U.S. law. This was particularly significant in the early Republic to ensure that treaties with Native American nations and foreign powers would be honored.

and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

• Commentary: State Judges Bound: This part explicitly binds state judges to uphold federal law over state law where there is a conflict. It’s a powerful statement on federal supremacy, ensuring that state courts do not undermine federal authority or the uniform application of federal law. Notwithstanding Clause: This phrase ensures that no state constitution or law can supersede federal law, aiming to prevent states from nullifying federal acts or decisions.

Commentary on the Section as a Whole:

• The Supremacy Clause is foundational to the concept of federalism in the U.S., establishing a clear hierarchy where federal law trumps state law. This was critical in creating a unified national legal framework, especially in a nation composed of states with differing interests and laws.
• It was a response to the weaknesses of the Articles of Confederation, where states often disregarded national laws. The clause was intended to prevent such conflicts, ensuring national cohesion and the enforcement of federal policies across all states.
• This section has been pivotal in numerous Supreme Court cases, like McCulloch v. Maryland (1819), where it was used to affirm the constitutionality of federal actions and the invalidity of state laws that conflicted with federal law or authority.
• The clause also underscores the importance of treaties in U.S. law, reflecting the framers’ view of the U.S. as an active participant in international affairs, where honoring treaties is as crucial as domestic law.
• By binding state judges to federal law, the clause ensures that the judiciary, at both federal and state levels, acts as a guardian of the Constitution’s supremacy, maintaining legal consistency and integrity across the nation.