what is the constitutional provision that declares the federal constitution and statutes the supreme law of the land?

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Supremacy Clause

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The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2), establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws.[1] It provides that state courts are bound by, and state constitutions subordinate to, the supreme law.[2] However, federal statutes and treaties are only if they are implemented within the parameters of the Constitution.[3] It shall be clarified, that Federal preemption, that arises from the Supremacy Clause, applies only to the areas of the Law, which are delegated to the Union under the enumerated powers of Article I. All other areas of the Law in the USA are governed by the State laws, as explicitly stated in the Tenth Amendment to the United States Constitution.

The Supremacy Clause is essentially a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with federal law. Some jurists further argue that the clause also nullifies federal law that is in conflict with the Constitution, although this is disputed.[4] The Supremacy Clause follows Article XIII of the Articles of Confederation, the predecessor of the Constitution, which provided that "Every State shall abide by the determination of the [Congress], on all questions which by this confederation are submitted to them."[5]

As a constitutional provision announcing the supremacy of federal law, the Supremacy Clause assumes the underlying priority of federal authority, albeit only when that authority is expressed in the Constitution itself;[6] no matter what the federal or state governments might wish to do, they must stay within the boundaries of the Constitution.[7] Consequently, the Supremacy Clause is considered a cornerstone of the United States' federal political structure.[8][9]

1 Text 2 Background

2.1 Constitutional Convention

2.2

3 Preemption doctrine

3.1 Subsequent federal case law

4 Treaties

5 Supreme Court interpretations

6 See also 7 References

Text[edit]

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.[10]

Background[edit]

Constitutional Convention[edit]

According to Madison's Notes of Debates in the Federal Convention of 1787, the Supremacy Clause was introduced as part of the New Jersey Plan.[11][12] During the debate, it was first put up for a motion by Luther Martin[13] on July 17th, when it passed unanimously.[14]

During Pennsylvania's ratifying convention in late 1787, James Wilson stated, "the power of the Constitution predominates. Anything, therefore, that shall be enacted by Congress contrary thereto, will not have the force of law."[15]

[edit]

In Federalist No. 33, Alexander Hamilton writes about the Supremacy Clause that federal laws by definition must be supreme. If the laws do not function from that position, then they amount to nothing, noting that "A law, by the very meaning of the term, includes supremacy. It is a rule which those to whom it is prescribed are bound to observe. This results from every political association. If individuals enter into a state of society, the laws of that society must be the supreme regulator of their conduct. If a number of political societies enter into a larger political society, the laws which the latter may enact, pursuant to the powers entrusted to it by its constitution, must necessarily be supreme over those societies, and the individuals of whom they are composed."

In Federalist No. 44, James Madison defends the Supremacy Clause as vital to the functioning of the nation. He noted that state legislatures were invested with all powers not specifically defined in the Constitution, but also said that having the federal government subservient to various state constitutions would be an inversion of the principles of government, concluding that if supremacy were not established "it would have seen the authority of the whole society everywhere subordinate to the authority of the parts; it would have seen a monster, in which the head was under the direction of the members".

Alexander Hamilton, wrote in Federalist #78 that, "There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid."[16]

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appellate courts

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What is the system of federal justices, organized into district courts and circuit courts, who hear appeals from lower courts, culminating in the Supreme Court?

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district courts

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What is the term for the first level of federal courts, which actually try the cases?

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Terms in this set (15)

appellate courts

What is the system of federal justices, organized into district courts and circuit courts, who hear appeals from lower courts, culminating in the Supreme Court?

district courts

What is the term for the first level of federal courts, which actually try the cases?

circuit courts

What is the term for the second stage of federal courts, which review the trial record of cases decided in district court to insure they were settled properly?

judicial review.

The Court's authority to strike down acts that violate the Constitution is called