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Supremacy Clause
| Federalism |
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| •Key terms • Court cases •Major arguments • State responses to federal mandates • Federalism by the numbers • Index of articles about federalism |
The Supremacy Clause of the U.S. Constitution establishes the supremacy of the constitution and federal law over state constitutions and laws, and it prohibits state interference with the federal government's exercise of constitutional powers.[1] Found in Article VI, Paragraph 2, the provision aims to resolve legal conflicts between the federal and the state governments.
Background
The Supremacy Clause is a way for the federal government to deal with potential conflicts with state governments, according to law professor Gary Lawson.[2] Lawson wrote that the clause "is a conflict-of-laws rule specifying that certain national acts take priority over any state act that conflicts with national law."[2]
The Supremacy Clause identifies the following three ultimate sources of legal authority that bind the United States:[3]
- 1. The U.S. Constitution
- 2. Laws of the United States
- 3. Treaties made under the authority of the United States
See also
External links
Footnotes
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