The Supremacy Clause Is The Clause That Establishes The Federal Government 's Authority Over State Governments

1521 WordsNov 20, 20157 Pages
Supremacy Clause Matthew Newkirk Constitutional Law Mr. Timothy Allmond Wiregrass Georgia Technical College November 19, 2015 Abstract The Supremacy Clause is the clause that establishes the federal government’s authority over state governments. The Supremacy Clause is found in the U.S. Constitution in Clause Two of Article Six. This Clause upholds the United States Constitution, federal statutes, and treaties as "the supreme law of the land." Federal law’s supremacy applies only if Congress is acting in fulfilment of its constitutionally authorized powers. The Clause directly states, “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, anything in the constitution or laws of any state to the contrary notwithstanding.” The Supremacy Clause was born from the Federalist Papers which are writings of Federalist James Madison. The Supremacy Clause is a federal mandate in the U.S. Constitution that stated whenever conflict between state-level and national-level authority, the federal government always has supremacy in the matter, meaning that the federal government is the supreme law of the land. “When a state law conflicts with a federal law, the Supremacy Clause provides resolution” (Dow). This authority extended to all three branches of the federal
Open Document