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What in Article VI of the US Constitution establishes the document as the Supreme Law of the Land?

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August 10, 2016 8:46AM

The Constitution itself, and all federal laws and treaties, are the supreme law of the land. Article 6, Paragraph 2 is referred to as the supremacy clause.

The Supremacy Clause of Article VI (6) of the US Constitution declares the Constitution, as well as federal laws and treaties made in accordance with the Constitution are the supreme law of the land. In lay terms, this means that the Constitution, federal laws and treaties can overrule state and local laws.

Article VI, Clause 2 (Supremacy Clause)

Article VI of the US Constitution addresses federal powers, and was part of the original Constitution created September 17, 1787 and ratified June 21, 1788. Upon ratification, the text of the Constitution became law, and supersedes anything that came before or after, although the document has been modified a number of times. The Bill of Rights was initially proposed as part of the original draft, but not added until 1791, when ten amendments were ratified as a single entity.

Article VI, Paragraph 2 of the US Constitution 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 United States Constitution states that it, and all federal laws and treaties, are the supreme law of the land (Article VI). After it was ratified, it went into effect. No other law can be considered higher than them within the United States.

Answer

But keep the 10th amendment in mind. It reads:

"The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."

Also, keep in mind the process of making amendments. Amendments take effect only when three fourths of the states say they take effect. The federal government does not decide or veto the making of amendments. So while the constitution is the supreme law of the land, its authority extends to the rights it grants to itself, and which it prohibits the states from assuming. The founders were very, very wise.

U.S. Const., Art. VI, Cl. 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, anything in the constitution or laws of any state to the contrary notwithstanding."

This is called the Supremacy Clause. It forms the textual basis for the doctrine of federal preemption.

In lay terms, this means that the Constitution, federal laws and treaties can overrule state and local laws.

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May 10, 2016 11:05PM

It is not stated in an article, but in the preamble.

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May 18, 2012 11:43AM

Article VI, Clause 2

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January 31, 2012 2:43PM

This is stated in the preamble.