Supremacy Clause

Article VI, Paragraph 2 of the United States Constitution is known as the Supremacy Clause:

"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 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."

The Supremacy Clause establishes the Constitution, Federal Statutes, and U.S. treaties as "the supreme law of the land." The Constitution is the highest form of law in the American legal system. State judges are required to uphold it, even if state laws or Constitutions conflict with it.

Treaties must comply with the Constitution. However, the treatymaking power of the U.S. Government is broader than the law making power of Congress. The Supreme Court ruled in Missouri v. Holland (1920) that pursuant to a treaty with Britain, the United States could regulate the hunting of migratory birds, even though Congress had no independent authority to pass such legislation.

There has been some debate (and fear) as to whether or not some of the basic principles of the United States Constitution, such as the country's system of government or Bill or Rights could be affected by an ambitious treaty. Since the constitution states that a treaty has supremacy over "any thing in the Constitution or Laws of any state to the contrary notwithstanding," it has been argued that the potential for abuse is present. In the 1950's a constitutional amendment known as the Bricker Amendment was proposed in response to such fears, it would have mandated that all US treaties not conflict with the existing powers granted to the US government. Subsequent legal precedents, notably, Seery v. United States, 127 F. Supp. 601 (Court of Claims, 1955) and Reid v. Covert, 354 U.S. 1 (1957), ultimately established some of the limitations sought by the Bricker Amendment.

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