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What is the Supremacy Clause?

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The Supremacy Clause: Understanding Federal Law's Dominance

The Supremacy Clause, found in Article VI, Clause 2 of the U.S. Constitution, is a cornerstone of American law. It establishes that federal law is the "supreme Law of the Land," ensuring national consistency and preventing conflicting state laws from undermining federal authority.

What is the Supremacy Clause?

  • Core Principle: Federal laws, the U.S. Constitution, and treaties are superior to state laws.
  • Legal Hierarchy: When conflicts arise, federal law prevails.
  • State Judges' Obligation: State judges are bound to uphold federal law, even if it contradicts state laws or constitutions.

Key Implications and Applications:

  • Rule of Decision: The Supremacy Clause provides a clear directive to courts: prioritize federal law over conflicting state law.
    • This principle is reinforced in cases like Armstrong v. Exceptional Child Center, Inc., 575 U.S. 320 (2015) and Kansas v. Garcia, 589 U.S. 191 (2020).
  • No New Federal Rights: It's crucial to understand that the Supremacy Clause itself does not create new federal rights or legal claims. It simply dictates which law takes precedence in a conflict.
    • Again, as established in Armstrong v. Exceptional Child Center, Inc., 575 U.S. 320 (2015).
  • Federal Preemption: The Supremacy Clause leads to federal preemption, meaning that state laws that directly conflict with federal law are invalid.
    • This is highlighted in Hillsborough County, Fla. v. Automated Medical Laboratories, Inc., 471 U.S. 707 (1985).
  • Maintaining Legal Structure: The Supremacy Clause is essential for maintaining the hierarchical structure of the U.S. legal system, where federal law is the ultimate authority.
    • As seen in New York v. U.S., 505 U.S. 144 (1992).

In Simple Terms:

Imagine a set of rules for the entire country (federal laws) and separate rules for each state (state laws). The Supremacy Clause says that when those rules clash, the national rules always win. This ensures that everyone in the U.S. is subject to the same fundamental laws.

In greater detail, let's look at the Clause and its history.

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.

We speak of the “Founding Fathers” as if they worked every single thing out in the original Constitution but as Marbury v. Madison was not decided by the US Supreme Court until 1803. Tis was the brought by William Marbury against James Madison, then the Secretary of State under Thomas Jefferson regarding the power of the Court to determine whether or not President Jefferson (through his Secretary of State James Madison) had to follow through on the prior president’s appointment of William Marbury as Justice of the Peace for the District of Columbia. However, Marbury's commission was not delivered before Thomas Jefferson took office. Jefferson wanted to make his own choice and he ordered his Secretary of State, James Madison, not to deliver the commission to Marbury. Although the Supreme Court recognized it had no enforcement power, Chief Justice John Marshall wrote the unanimous 4–0 decision stating that the Supreme Court could order President Jefferson to appoint Marbury.

Likewise the powers of the federal government vs the states is defined in the Constitution but not absolutely clear. For example, the U.S. Supreme Court has been asked to decide whether the federal government can tell states that marijuana use is illegal. Many argued that this was a state rights issue and the federal government could not intervene.

And this how we get to the Supremacy Clause. Yes, in any clash the feds trump the state. But first there must be a clash. Without jurisdiction the Supremacy Clause has no effect.

Taxes were one of the first battlegrounds for the state vs federal sphere of influence. In the 1819 decision in McCulloch v. Maryland the Supreme Court looked at a state tax on notes issued by the Second Bank of the United States. Can the state tax a federal note? Today, states cannot tax U.S. issued Treasury Bonds. In McCulloch, the Court sustained the federal government’s power to charter the Bank under the Necessary and Proper Clause, while invalidating the state tax on the Bank’s notes under the Supremacy Clause. Writing for the Court, Chief Justice John Marshall explained that the power to tax involves the power to destroy, striking down the state tax because it unlawfully burdened the Bank’s operations.

While many issues have been raised and discussed on issues such as abortion, marijuana and other issues the lines of federal vs state authority are unclear and hence the application of the Supremacy Clause is likewise unclear.