This paper examines the Supremacy Clause found in Article VI, Clause 2 of the United States Constitution, which establishes the Constitution and federal laws as the supreme law of the land. The paper discusses the clause's foundational purpose in preventing state laws from conflicting with federal authority, traces its development through landmark Supreme Court decisions including McCulloch v. Maryland, and explores its far-reaching impact on American civil rights and individual liberties. The analysis demonstrates how the Supremacy Clause has transformed the United States from a mere confederation of states into a true republic with a defined hierarchy of legal authority, while also serving as a critical mechanism for protecting constitutional rights across all citizens.
The Supremacy Clause is found in Article VI, Clause 2 of the United States Constitution and provides that:
"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" (U.S. Const. art. VI, c. 2).
The Supremacy Clause ensures that the Constitution is the law of the land. If any law conflicts with the Constitution, then that law is void. Not only does this clause ensure that federal laws will be superior to state laws, but it also ensures that even the federal legislature does not have the power to create laws that violate the Constitution. In other words, for the legislature to change the dictates of the Constitution requires a constitutional amendment. This principle establishes a clear hierarchy of legal authority within the American constitutional system, making the Constitution the binding document to which all other laws must conform.
A series of Supreme Court decisions have helped define the parameters of the Supremacy Clause. The most famous of those early decisions is McCulloch v. Maryland, 17 U.S. 316 (1819). In that case, the state of Maryland attempted to levy a tax on the Bank of the United States. The Court determined that if a state taxed a federally incorporated institution, then the state would have power to control that institution. This would give a state law supremacy over a federal law, which is prohibited by the Constitution. Therefore, the Court determined that the tax on the Bank was unconstitutional, establishing a precedent that protects federal entities from state interference.
It is difficult to explain exactly why the Supremacy Clause is so important because the idea that a law might be prohibited because it is unconstitutional is such a well-established part of American jurisprudence. However, this is a critical issue. It is the central principle that has made the United States a republic rather than merely a confederation of states, because the federal government retains ultimate control in certain specific areas. Furthermore, as the federal government has consistently expanded its powers beyond the relatively limited scope envisioned by the founding fathers, the Supremacy Clause has served as a mechanism to prevent states from meaningfully challenging federal decisions. This clause thus represents the constitutional foundation upon which modern American federalism rests.
The Supremacy Clause has the potential to impact all Americans, and determining exactly whom it affects and why requires examining its role across numerous legal domains. Many of the groundbreaking Supreme Court decisions in recent times are based in some way on the Supremacy Clause. For example, the famous civil rights decisions such as Loving v. Virginia, 388 U.S. 1 (1967) and Brown v. Board of Education, 347 U.S. 483 (1954) base their decisions on the Fourteenth Amendment's Equal Protection Clause. However, it is important to realize that these decisions can only succeed based on the constitutional principle that states do not have the power to deprive citizens of their constitutionally protected rights.
These decisions have had significant, wide-ranging impacts on all Americans. While the United States has yet to achieve full equality, it is fair to suggest that without these cases, much of America would still exist under Jim Crow-like conditions. The Supremacy Clause has also played an important role in right-to-privacy cases like Roe v. Wade, 410 U.S. 113 (1973). When one examines just these three cases, it becomes clear that the Supremacy Clause has the potential to impact literally every American by ensuring that fundamental rights cannot be violated by state action.
The primary consequences of the Supremacy Clause are very dependent upon the composition of the Supreme Court and how it chooses to interpret the Constitution. However, historically the Supremacy Clause has been used not only in debates between state and federal governments, but also to protect the rights of those who are the most vulnerable in American society. By ensuring that states must recognize at least the basic rights guaranteed by the Constitution, the Supremacy Clause is a way of extending American liberty to all Americans. Its significance lies not merely in its role as an arbiter of federalism disputes, but as the constitutional mechanism that guarantees the protection of individual rights against state infringement.
You’re 93% through this paper. Sign up to read the full paper.
Sign Up Now — Instant Access Already a member? Log inAlways verify citation format against your institution’s current style guide requirements.