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Article VI

Federal Supremacy

Article VI establishes the Constitution, federal laws, and treaties as the "supreme Law of the Land," binding all judges and officials. It requires constitutional oaths for all federal and state officers and prohibits religious tests for public office.

Overview

Article VI contains the Supremacy Clause, one of the Constitution's most important provisions. It resolves conflicts between federal and state law, establishes federal constitutional authority over all government officials, and prohibits religious qualifications for office — ensuring both national unity and religious freedom.

Each clause below uses the TICRI Constitutional Breakdown methodology to provide:

  • 📜 Exact Constitutional Text
  • 💭 Plain English Translation
  • ⚡ Government Powers Created
  • 🚫 Government Restrictions
  • ❌ What It Does NOT Say
  • ⚖️ Supreme Court Interpretations

Jump to Clause:

Clause 1 — Prior Debts and EngagementsClause 2 — Supremacy Clause (Most Important)Clause 3 — Oaths and Religious Tests

Clause 1 — Prior Debts and Engagements

📜 Exact Text

"All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation."

💭 Plain English

The United States government under the new Constitution will honor all debts and commitments made by the United States under the Articles of Confederation. The change in government doesn't cancel obligations.

⚡ What This Accomplished

  • Assured Creditors — Revolutionary War debts would be honored
  • Protected International Standing — Treaties and foreign debts remained valid
  • Ensured Continuity — New government inherited obligations of old government
  • Built Financial Trust — Crucial for new nation's creditworthiness
  • Prevented argument that new Constitution canceled prior obligations

🏛️ Historical Context

This provision was critical in 1787-1789 because:

  • United States owed significant debts from Revolutionary War
  • Articles of Confederation government was weak and couldn't pay debts
  • Foreign creditors (France, Netherlands) and domestic bondholders needed assurance
  • Without this clause, opponents could argue Constitution was a way to escape debts
  • Alexander Hamilton's financial plan relied on federal assumption of state debts
Why This Mattered

This clause assured the world that America would honor its obligations despite changing its form of government. It established the United States as a reliable debtor and treaty partner, essential for the young nation's survival and international credibility. Hamilton later used this to justify his controversial plan to have the federal government assume state Revolutionary War debts.

Clause 2 — The Supremacy Clause (Supreme Law of the Land)

📜 Exact Text

"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."

💭 Plain English

The Constitution, federal laws made under constitutional authority, and treaties are the highest law in the nation. All judges (federal and state) must follow them. When federal law conflicts with state law, federal law wins — even if state constitutions or laws say otherwise.

⚡ The Hierarchy of Law

Supreme Law of the Land (in order)
1. U.S. Constitution

Highest authority; all government must comply

2. Federal Laws "in Pursuance" of Constitution

Statutes enacted under constitutional authority

3. Treaties "under Authority" of United States

Treaties made pursuant to constitutional treaty power

4. State Constitutions

Highest state law, but subordinate to federal law

5. State Statutes and Local Laws

Subordinate to all above

⚡ What the Supremacy Clause Does

🏛️ Establishes Federal Supremacy
  • When federal and state law conflict, federal law prevails
  • States cannot nullify or ignore federal law
  • Federal Constitution supreme over state constitutions
  • Creates unified legal system under national Constitution
⚖️ Binds All Judges
  • State judges must enforce federal law
  • State courts must apply federal Constitution
  • State judges can declare state laws unconstitutional under federal Constitution
  • Creates dual obligation: state judges enforce both state and federal law
🚫 Preemption Doctrine
  • Express Preemption — Federal law explicitly overrides state law
  • Implied Preemption — Federal law occupies field, leaving no room for state law
  • Conflict Preemption — Impossible to comply with both federal and state law
  • States cannot regulate what federal law prohibits or regulate areas Congress has occupied

🚫 Critical Limitation: "In Pursuance Thereof"

ONLY federal laws "in pursuance" of the Constitution are supreme.

  • Federal laws must be constitutional to be supreme
  • Congress cannot claim supremacy for unconstitutional laws
  • If federal law exceeds constitutional authority, it is not "supreme law"
  • States (and courts) can challenge unconstitutional federal laws
  • Supremacy depends on constitutional validity

❌ What the Supremacy Clause Does NOT Say

  • Does NOT give Congress unlimited power — Federal laws must be constitutional
  • Does NOT eliminate states — States retain sovereignty in areas not delegated to federal government
  • Does NOT authorize federal commandeering — Cannot force states to enforce federal law
  • Does NOT make all federal actions supreme — Only constitutional federal laws and treaties
  • Does NOT give federal government general police power — States retain most regulatory authority
  • Does NOT create national government supremacy in all matters — Only in areas of federal authority

⚖️ Key Supreme Court Cases

  • McCulloch v. Maryland (1819) — States cannot tax or interfere with constitutional federal operations; "power to tax is power to destroy"
  • Gibbons v. Ogden (1824) — Federal commerce power supreme; state monopoly invalid when conflicts with federal law
  • Cooper v. Aaron (1958) — State officials cannot nullify Supreme Court decisions; all must obey federal constitutional law
  • Arizona v. United States (2012) — Federal immigration law preempts conflicting state immigration enforcement
  • Murphy v. NCAA (2018) — Federal government cannot commandeer states to enforce federal law
  • Gade v. National Solid Wastes Management Ass'n (1505) — Federal OSHA regulations preempt state safety laws
Supremacy vs. Nullification

The Supremacy Clause definitively rejected the concept of state "nullification" — the idea that states can refuse to enforce federal laws they believe are unconstitutional. Key principles:

  • States cannot "nullify" federal law (settled since Civil War)
  • States can challenge federal laws in court but must obey until courts rule
  • Only courts, not states, decide if federal laws are constitutional
  • State officials are bound by constitutional oaths to enforce federal law
Federalism Balance

The Supremacy Clause does NOT eliminate federalism. States retain sovereignty over matters not delegated to the federal government (10th Amendment). Federal supremacy applies ONLY when: (1) federal government acts within constitutional authority, and (2) federal and state law actually conflict. In vast areas of law (family law, property, contracts, criminal law, education), states remain supreme because federal government lacks constitutional authority.

Clause 3 — Oaths of Office and No Religious Tests

📜 Exact Text

"The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."

💭 Plain English

All federal and state officials — legislators, executives, and judges — must take an oath (or affirmation) to support the Constitution. However, the federal government cannot require any religious belief or test as a qualification for holding federal office.

⚡ The Oath Requirement

👥 Who Must Take the Oath
  • Federal Officials: Senators, Representatives, President, federal judges, executive officers
  • State Officials: State legislators, governors, state judges, state executive officers
  • All Levels: Extends to all executive and judicial officers at all levels
  • Creates universal obligation to uphold Constitution
📜 What the Oath Means
  • Bind Officials to Constitution — Personal commitment to uphold constitutional law
  • Dual Loyalty for State Officials — State officers swear to support U.S. Constitution
  • Creates Accountability — Violating oath can be basis for removal (impeachment, recall)
  • Oath or Affirmation — Allows non-religious alternative to accommodate religious objections to swearing
⚖️ Standard Federal Oath (5 U.S.C. § 3331)

"I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."

(The "So help me God" is optional for those using affirmation)

⚡ No Religious Test Clause

🚫 What This Prohibits
  • Cannot Require Religious Belief — Federal government cannot require officials to be religious
  • Cannot Require Specific Religion — Cannot prefer one religion over another
  • Cannot Exclude Based on Religion — Cannot bar atheists, Muslims, Jews, etc.
  • Applies to all federal offices and public trusts
🏛️ Historical Significance
  • Revolutionary for 1787 — Most states had religious tests for office
  • Broke with European Tradition — European nations required official state religions
  • Expanded by 14th Amendment — Later applied to states (no state religious tests either)
  • Reflected Enlightenment values and religious pluralism
⚖️ What Is Allowed
  • Optional religious oath language ("So help me God")
  • Voluntary religious expressions by officials
  • Religious motivations for policy positions
  • Voters can consider religion when voting (1st Amendment protects voter choice)

🚫 Government Restrictions

  • Cannot Require Religious Belief — For any federal office or public trust
  • Cannot Prefer One Religion — Must be neutral among religions and between religion/non-religion
  • Cannot Exclude Based on Faith — Atheists, minority religions have equal access to office
  • States Also Bound — 14th Amendment applies no-religious-test rule to states

❌ What It Does NOT Say

  • Does NOT prohibit voluntary religious references in oaths
  • Does NOT prevent officials from being religious or expressing faith
  • Does NOT bar voters from considering candidate's religion
  • Does NOT require government to be hostile to religion
  • Does NOT originally apply to state offices (but 14th Amendment extended it)

⚖️ Key Supreme Court Cases

  • Torcaso v. Watkins (1961) — Struck down Maryland law requiring belief in God for public office; applies to states via 14th Amendment
  • McDaniel v. Paty (1978) — States cannot bar clergy from holding public office
  • Silverman v. Campbell (1975) — "So help me God" in oath is optional, not mandatory
Oath or Affirmation

The Constitution gives the option of "oath or affirmation" to accommodate Quakers and others with religious objections to swearing oaths. An affirmation has the same legal force as an oath but uses "affirm" instead of "swear" and omits religious references. This reflects the Framers' sensitivity to religious conscience even while requiring commitment to the Constitution.

Revolutionary Provision

In 1787, the no-religious-test clause was radical. Most states required Christian belief (or sometimes Protestant belief) for office. Several states banned Catholics, Jews, or atheists from office. The Constitution's rejection of religious tests was controversial but reflected Enlightenment ideals and practical recognition of American religious diversity. It paved the way for the 1st Amendment's fuller protection of religious freedom.

Article VI Summary

Article VI establishes the Constitution as the supreme law of the land, binding all federal and state officials. The Supremacy Clause resolves conflicts between federal and state law in favor of constitutional federal law, preventing states from nullifying federal authority while preserving federalism.

The oath requirement creates universal obligation: all officials, federal and state, must swear to uphold the Constitution. This binds state officials to federal constitutional law and establishes dual loyalty for state officers.

The no-religious-test clause ensures religious freedom in public service — a revolutionary provision in 1787 that barred religious qualifications for federal office and paved the way for the 1st Amendment's broader religious liberty protections. Together, these provisions create constitutional supremacy, federal-state cooperation, and religious freedom.