Supremacy Clause

supreme law of the landU.S. Const. Art. VIsupreme lawArticle Six, Section Twoauthoritysupremacy of federal law over state lawSupreme law of the United StatesThe Supremacy Clause
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.wikipedia
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Constitution of the United States

United States ConstitutionU.S. ConstitutionConstitution
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.
The Constitution of the United States is the supreme law of the United States of America.

Federal preemption

preemptedpreemptionpreempts
The constitutional principle derived from the Supremacy Clause is federal preemption.
According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution,

U.S. state

StatestatesU. S. state
In this respect, the Supremacy Clause follows the lead of Article XIII of the Articles of Confederation, which provided that "Every State shall abide by the determination of the United States in Congress Assembled, on all questions which by this confederation are submitted to them. A constitutional provision announcing the supremacy of federal law, the Supremacy Clause assumes the underlying priority of federal authority, only when that authority is expressed in the Constitution itself. No matter what the federal government or the states might wish to do, they have to stay within the boundaries of the Constitution. This makes the Supremacy Clause the cornerstone of the whole American political structure.
The Supremacy Clause (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.

Treaty

treatiesinternational treatyinternational treaties
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. In 1920, the Supreme Court applied the Supremacy Clause to international treaties, holding in the case of Missouri v. Holland, 252 U.S. 416, that the Federal government's ability to make treaties is supreme over any state concerns that such treaties might abrogate states' rights arising under the Tenth Amendment.
The constitution does not have a supremacy clause with the same effects as the one in the US constitution, which is of interest to the discussion on the relation between treaties and legislation of the states of Brazil.

Ware v. Hylton

In Ware v. Hylton, 3 U.S. (3 Dall.) 199 (1796), the United States Supreme Court for the first time applied the Supremacy Clause to strike down a state statute.
The Supreme Court struck down the Virginia law, applying for the first time the Supremacy Clause of the U.S. Constitution, which establishes that federal laws and treaties are the supreme law of the land.

Federalist No. 33

33The Federalist'' Papers
In Federalist No. 33, Alexander Hamilton writes about the Supremacy Clause that federal laws by definition must be supreme.
Hamilton notes that the Necessary and Proper Clause and the Supremacy Clause "have been the source of much virulent invective and petulant declamation against the proposed Constitution."

New Jersey Plan

In Madison's Notes of Debates in the Federal Convention of 1787, the Supremacy Clause is introduced as part of the New Jersey Plan.

Federalism in the United States

federalismFederalistFederalists
In this respect, the Supremacy Clause follows the lead of Article XIII of the Articles of Confederation, which provided that "Every State shall abide by the determination of the United States in Congress Assembled, on all questions which by this confederation are submitted to them. A constitutional provision announcing the supremacy of federal law, the Supremacy Clause assumes the underlying priority of federal authority, only when that authority is expressed in the Constitution itself. No matter what the federal government or the states might wish to do, they have to stay within the boundaries of the Constitution. This makes the Supremacy Clause the cornerstone of the whole American political structure.
It relies on the Supremacy Clause and the Necessary and Proper Clause as constitutional bases for its argument.

States' rights

states rightsstate's rightsstate sovereignty
The state of Arkansas, acting on a theory of states' rights, had adopted several statutes designed to nullify the desegregation ruling.
The balance of federal powers and those powers held by the states as defined in the Supremacy Clause of the U.S. Constitution was first addressed in the case of McCulloch v. Maryland (1819).

McCulloch v. Maryland

McCulloch v MarylandbanksM'Culloch v. Maryland
In McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819), the Supreme Court reviewed a tax levied by Maryland on the federally incorporated Bank of the United States.
The Court thus struck down the tax as an unconstitutional attempt by a state to interfere with a federal institution, in violation of the Supremacy Clause.

Federalist No. 44

44
In Federalist No. 44, James Madison defends the Supremacy Clause as vital to the functioning of the nation.
Madison similarly defends the supremacy clause as vital to the functioning of the nation.

Commonwealth Edison Co. v. Montana

However, in the case of Commonwealth Edison Co. v. Montana, the Supreme Court disagreed.
Commonwealth Edison Co. v. Montana, 453 U.S. 609 (1981), is a 6-to-3 ruling by the Supreme Court of the United States that held that a severance tax in Montana does not violate the Commerce Clause or the Supremacy Clause of the United States Constitution.

Martin v. Hunter's Lessee

In Martin v. Hunter's Lessee, 14 U.S. 304 (1816), and Cohens v. Virginia, 19 U.S. 264 (1821), the Supreme Court held that the Supremacy Clause and the judicial power granted in Article III give the Supreme Court the ultimate power to review state court decisions involving issues arising under the Constitution and laws of the United States.
Furthermore, the Supremacy Clause declares that the federal interpretation will trump the state's interpretation.

Section 109 of the Constitution of Australia

section 109Section 109 of the Australian Constitutioninconsistency
Section 109 is analogous to the Supremacy Clause in the United States Constitution and the Paramountcy doctrine in Canadian constitutional jurisprudence, and the jurisprudence in one jurisdictions is considered persuasive in the others.

Ableman v. Booth

United States v. Booth Ableman v. Booth
In Ableman v. Booth, 62 U.S. 506 (1859), the Supreme Court held that state courts cannot issue rulings that contradict the decisions of federal courts, citing the Supremacy Clause, and overturning a decision by the Supreme Court of Wisconsin.
This was accomplished by adoption of the Supremacy Clause, which makes federal law the supreme law of the land:

Cohens v. Virginia

In Martin v. Hunter's Lessee, 14 U.S. 304 (1816), and Cohens v. Virginia, 19 U.S. 264 (1821), the Supreme Court held that the Supremacy Clause and the judicial power granted in Article III give the Supreme Court the ultimate power to review state court decisions involving issues arising under the Constitution and laws of the United States.
This conclusion was reinforced, said the Court, by the Supremacy Clause of Article VI, which makes federal law superior to state law.

Cooper v. Aaron

Cooper
In Cooper v. Aaron, 358 U.S. 1 (1958), the Supreme Court rejected attempts by Arkansas to nullify the Court's school desegregation decision, Brown v. Board of Education.
More importantly, the Court held that since the Supremacy Clause of Article VI made the US Constitution the supreme law of the land and Marbury v. Madison (1803) made the Supreme Court the final interpreter of the Constitution, the precedent set forth in Brown v. Board of Education is the supreme law of the land and is therefore binding on all the states, regardless of any state laws contradicting it.

Missouri v. Holland

HollandThe State of Missouri v. Ray V. Holland, US Game Warden
In 1920, the Supreme Court applied the Supremacy Clause to international treaties, holding in the case of Missouri v. Holland, 252 U.S. 416, that the Federal government's ability to make treaties is supreme over any state concerns that such treaties might abrogate states' rights arising under the Tenth Amendment.
However, the Supreme Court ruled that the law at issue was constitutional, noting that Article VI, clause 2, sometimes known as the "supremacy clause," makes treaties the "supreme law of the land," thus nullifying any state-level concerns with regard to the provisions of any treaty.

Intergovernmental immunity (United States)

Intergovernmental immunity
It is also referred to as a Supremacy Clause immunity or simply federal immunity from state law.

Pennsylvania v. Nelson

a related case
In Pennsylvania v. Nelson, 350 U.S. 497 (1956) the Supreme Court struck down the Pennsylvania Sedition Act, which made advocating the forceful overthrow of the federal government a crime under Pennsylvania state law.
This power, found in Article VI, Clause 2 is known as the Supremacy Clause.

Crosby v. National Foreign Trade Council

The Supreme Court further found in Crosby v. National Foreign Trade Council, that even when a state law is not in direct conflict with a federal law, the state law could still be found unconstitutional under the Supremacy Clause if the "state law is an obstacle to the accomplishment and execution of Congress's full purposes and objectives".

Article Six of the United States Constitution

Article VIArticle SixU.S. Const. art. VI
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.

Law of the United States

United States federal lawUnited States lawAmerican lawyer
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.