A report on 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.

- Supremacy Clause

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Page one of the officially engrossed copy of the Constitution signed by delegates. A print run of 500 copies of the final version preceded this copy.

Constitution of the United States

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Page one of the officially engrossed copy of the Constitution signed by delegates. A print run of 500 copies of the final version preceded this copy.
Signing of the Constitution, September 17, 1787 (1940 by Howard Chandler Christy)
Dates the 13 states ratified the Constitution
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"We the People" in an original edition
Closing endorsement section of the United States Constitution
United States Bill of Rights
Currently housed in the National Archives.
John Jay, 1789–1795
John Marshall, 1801–1835
Salmon P. Chase {{refn|group= lower-alpha|The Chase Court, 1864–1873, in 1865 were Salmon P. Chase (chief Justice); Hon. Nathan Clifford, Maine; Stephen J. Field, Justice Supreme Court, U.S.; Hon. Samuel F. Miller, U.S. Supreme Court; Hon. Noah H. Swayne, Justice Supreme Court, U.S.; Judge Morrison R. Waite}}
William Howard Taft {{refn|group= lower-alpha|The Taft Court, 1921–1930, in 1925 were James Clark McReynolds, Oliver Wendell Holmes Jr., William Howard Taft (chief justice), Willis Van Devanter, Louis Brandeis. Edward Sanford, George Sutherland, Pierce Butler, Harlan Fiske Stone}}
Earl Warren {{refn|group= lower-alpha|The Warren Court, 1953–1969, in 1963 were Felix Frankfurter; Hugo Black; Earl Warren (chief justice); Stanley Reed; William O. Douglas. Tom Clark; Robert H. Jackson; Harold Burton; Sherman Minton}}
William Rehnquist {{refn|group= lower-alpha|The Rehnquist Court, 1986–2005.}}
José Rizal
Sun Yat-sen

The Constitution of the United States is the supreme law of the United States of America.

Portrait by Henry Inman, 1832

John Marshall

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American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 until his death in 1835.

American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 until his death in 1835.

Portrait by Henry Inman, 1832
Marshall's birthplace monument in Germantown, Virginia
Coat of arms of Marshall
The Hollow House
John Marshall's House in Richmond, Virginia
Marshall's Chief Justice nomination
Steel engraving of John Marshall by Alonzo Chappel
The text of the McCulloch v. Maryland decision, handed down March 6, 1819, as recorded in the minutes of the US Supreme Court
Marshall's grave
John Marshall and George Wythe
Oak Hill
Chief Justice John Marshall by William Wetmore Story, at John Marshall Park in Washington, D.C.
Marshall was the subject of a 2005 commemorative silver dollar.
Marshall on the 1890 $20 Treasury Note, one of 53 people depicted on United States banknotes
John Marshall on a Postal Issue of 1894

Marshall argued that the law was a legitimate exercise of the state's power, but the Supreme Court ruled against him, holding that the Treaty of Paris in combination with the Supremacy Clause of the Constitution required the collection, rather than confiscation, of such debts.

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U.S. state

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Constituent political entity, of which there are currently 50.

Constituent political entity, of which there are currently 50.

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Ownership of federal lands in the 50 states
U.S. states by date of statehood:
The order in which the original 13 states ratified the Constitution, then the order in which the others were admitted to the Union
A map showing the source languages of state names

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 Clause

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Article II, Section 2, Clause 2 of the United States Constitution.

Article II, Section 2, Clause 2 of the United States Constitution.

It establishes the procedure for ratification of international agreements and empowers the President of the United States as the primary negotiator of agreements between the United States and other countries, which, upon receiving the advice and consent of a two-thirds supermajority of the Senate, become binding with the force of federal law.

Ware v. Hylton

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Decision of the United States Supreme Court holding that treaties take precedence over state law under the U.S. Constitution.

Decision of the United States Supreme Court holding that treaties take precedence over state law under the U.S. Constitution.

It was the first Supreme Court case concerned with treaties, the first to rule that treaty provisions were as binding as domestic U.S. law, and the first to affirm the supremacy of federal law over state law.

A handwritten bank draft from the Second Bank of the United States, dated July 24, 1824, from Daniel Webster, who argued on behalf of McCulloch and the U.S. government in McCulloch v. Maryland

McCulloch v. Maryland

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Landmark U.S. Supreme Court decision that defined the scope of the U.S. Congress's legislative power and how it relates to the powers of American state legislatures.

Landmark U.S. Supreme Court decision that defined the scope of the U.S. Congress's legislative power and how it relates to the powers of American state legislatures.

A handwritten bank draft from the Second Bank of the United States, dated July 24, 1824, from Daniel Webster, who argued on behalf of McCulloch and the U.S. government in McCulloch v. Maryland
The text of the McCulloch v. Maryland decision, as recorded in the minutes of the Supreme Court

In its ruling, the Supreme Court established firstly that the "Necessary and Proper" Clause of the U.S. Constitution gives the U.S. federal government certain implied powers that are not explicitly enumerated in the Constitution, and secondly that the American federal government is supreme over the states, and so states' ability to interfere with the federal government is restricted.

States' rights

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In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the Tenth Amendment.

In American political discourse, states' rights are political powers held for the state governments rather than the federal government according to the United States Constitution, reflecting especially the enumerated powers of Congress and the Tenth Amendment.

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).

The Moroccan-American Treaty of Peace and Friendship, sealed by Sultan Mohammed III.

Treaty

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Formal, legally binding written agreement between actors in international law.

Formal, legally binding written agreement between actors in international law.

The Moroccan-American Treaty of Peace and Friendship, sealed by Sultan Mohammed III.
The signing of the Geneva Conventions in 1949. A country’s signature, through plenipotentiaries with "full power" to conclude a treaty, is often sufficient to manifest an intention to be bound by the treaty.
The International Court of Justice is often called upon to aid in the interpretation or implementation of treaties.
A treaty delegation of the Mdewakanton and Wahpekute indigenous tribes to Washington, D.C. (1858).

The constitution does not have an equivalent to the supremacy clause in United States Constitution, which is of interest to the discussion on the relation between treaties and legislation of the states of Brazil.

Federalism in the United States

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Constitutional division of power between U.S. state governments and the federal government of the United States.

Constitutional division of power between U.S. state governments and the federal government of the United States.

It relies on the Supremacy Clause and the Necessary and Proper Clause as constitutional bases for its argument.

An 1808 engraving of Chief Justice John Marshall by French portrait painter Charles Balthazar Julien Févret de Saint-Mémin

Marbury v. Madison

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Landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes that they find to violate the Constitution of the United States.

Landmark U.S. Supreme Court case that established the principle of judicial review in the United States, meaning that American courts have the power to strike down laws and statutes that they find to violate the Constitution of the United States.

An 1808 engraving of Chief Justice John Marshall by French portrait painter Charles Balthazar Julien Févret de Saint-Mémin
The U.S. Capitol, home of the U.S. Congress and also where the U.S. Supreme Court convened from 1801 until the Supreme Court Building's completion in 1935.
Marshall's famous line from Marbury v. Madison on American federal courts' power to interpret the law, now inscribed on the wall of the U.S. Supreme Court Building in Washington, D.C.
Chief justice John Marshall, as painted by Henry Inman in 1832, after having presided over the American federal judiciary for over 30 years
The subpoena duces tecum (order to bring items as evidence) issued to President Richard Nixon that was the center of the dispute in the 1974 judicial review case United States v. Nixon

Lastly, Marshall reasoned that judicial review is implied in the Supremacy Clause of Article VI of the U.S. Constitution, since it declares that the supreme law of the United States is the Constitution and laws made "in Pursuance thereof", rather than the Constitution and all federal laws generally.