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.' It ensures that federal law takes precedence over state law when the two are in 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 the Constitution, federal laws, and treaties as the supreme law of the land, meaning they take precedence over conflicting state laws.
3. The Supremacy Clause has been interpreted to allow the federal government to preempt or displace state laws that interfere with federal objectives.
4. The Supremacy Clause is a key component of American federalism, which divides power between the federal and state governments.
5. The Supremacy Clause has been used to strike down state laws that conflict with federal law, ensuring the uniform application of federal law across the country.

Review Questions

• Explain how the Supremacy Clause relates to the development of the U.S. Constitution.
  • The Supremacy Clause was a crucial provision included in the U.S. Constitution to address the weaknesses of the Articles of Confederation, which had given too much power to the states and lacked a clear mechanism for the federal government to assert its authority. The Supremacy Clause established the Constitution and federal law as the supreme law of the land, strengthening the federal government's power and ensuring the uniform application of federal law across the states. This was a significant development in the evolution of the Constitution, as it helped solidify the federal government's role and authority.
• Describe how the Supremacy Clause impacts the division of powers between the federal and state governments.
  • The Supremacy Clause is a key aspect of American federalism, which divides power between the federal and state governments. The Clause establishes that federal law takes precedence over conflicting state law, giving the federal government the ability to preempt or displace state laws that interfere with federal objectives. This allows the federal government to assert its authority and ensure the uniform application of federal law, while still preserving a degree of state sovereignty. The Supremacy Clause has been used to strike down state laws that encroach on federal power, shaping the evolution of American federalism and the balance of power between the federal and state governments.
• Analyze how the Supremacy Clause has influenced the evolution of American federalism and the delegation of state power.
  • The Supremacy Clause has been a central factor in the evolution of American federalism, as it has allowed the federal government to assert its authority and preempt state laws that conflict with federal objectives. This has shaped the balance of power between the federal and state governments, with the federal government often taking a more dominant role in areas where it has exercised its Supremacy Clause powers. At the same time, the Clause has preserved a degree of state sovereignty, as the federal government cannot simply displace all state laws. The Supremacy Clause has thus been a key mechanism for managing the complex relationship between federal and state power, and has been a crucial element in the ongoing development of American federalism and the delegation of state power.

Related terms

Preemption: The doctrine that federal law takes precedence over state law, thereby preempting or displacing conflicting state laws.

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

Dual Sovereignty: The concept that the federal and state governments have separate and independent authority within their respective spheres of jurisdiction.