Article Six of the United States Constitution
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Article Six of the United States Constitution
establishes the Constitution and the law
s and treaties
of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position and holds the United States under the Constitution responsible for debts incurred by the United States under the Articles of Confederation.
.
are subordinate to federal law.
The Supreme Court under John Marshall
was influential in construing the supremacy clause. It first ruled that it had the power to review the decisions of state courts allegedly in conflict with the supreme law, claims of "state sovereignty" notwithstanding. In Martin v. Hunter's Lessee
(1816), the Supreme Court confronted the Chief Justice of Virginia
, Spencer Roane
, who had previously declared a Supreme Court decision unconstitutional and refused to permit the state courts to abide by it. The Court upheld the Judiciary Act, which permitted it to hear appeals from state courts, on the grounds that Congress had passed it under the supremacy clause.
The Supreme Court has also struck down attempts by states to control or direct the affairs of federal institutions. McCulloch v. Maryland
(1819) was a significant case in this regard. The state of Maryland
had levied a tax on banks not chartered by the state; the tax applied, state judges ruled, to the Bank of the United States chartered by Congress in 1816. Marshall wrote that "the States have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government." United States property is wholly immune to state taxation, as are government activities and institutions. Congress may explicitly provide immunity from taxation in certain cases, for instance by immunizing a federal contractor. Federal employees, however, may not be immunized from taxes, as the tax would not in any way impede government activities.
Gibbons v. Ogden
(1824) was another influential case involving the supremacy clause. The state of New York
had granted Aaron Ogden a monopoly over the steamboat business in the Hudson River
. The other party, Thomas Gibbons, had obtained a federal permit under the Coastal Licensing Act to perform the same task. The Supreme Court upheld the federal permit. John Marshall wrote, "The nullity of an act, inconsistent with the Constitution, is produced by the declaration, that the Constitution is the supreme law. The appropriate application of that part of the clause which confers the same supremacy on laws and treaties, is to such acts of the State legislatures as do not transcend their powers, but though enacted in the execution of acknowledged State powers, interfere with, or are contrary to the laws of Congress, made in pursuance of the Constitution, or some treaty made under the authority of the United States. In every such case, the act of Congress, or the treaty, is supreme; and the law of the State, though enacted in the exercise of powers not controverted, must yield to it."
Reid v. Covert
(1957) ruled that no branch of the United States Government can have powers conferred upon it by treaty that have not been conferred by the United States Constitution
.
to support the Constitution. Congress may determine the form of such an oath. In Ex parte Garland
(1866), the Supreme Court held that a test oath would violate the Constitution, so it invalidated the law requiring the following oath:
The Supreme Court found that the law constituted an unconstitutional ex post facto law
, for it retroactively punished the offenses mentioned in the oath by preventing those who committed them from taking office.
Congress may not require religious tests for an office under the United States. Thus, Congress may include the customary words "so help me God" in an oath, but an individual would be under no compulsion to utter them, as such a requirement would constitute a religious test.
The current oath administered is as follows:
During the 1960 presidential campaign, the issue of whether the nation would for the first time elect a Catholic to the highest office in the land raised the specter of an implicit, but no less effective, religious test. John F. Kennedy
, in his Address to the Greater Houston Ministerial Association on 12 September 1960, addressed the question directly, saying,
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
establishes the Constitution and the law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
s and treaties
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
of the United States made in accordance with it as the supreme law of the land, forbids a religious test as a requirement for holding a governmental position and holds the United States under the Constitution responsible for debts incurred by the United States under the Articles of Confederation.
Text
Debts
The first clause of the Article provides that debts contracted prior to the adoption of the Constitution remain valid, as they were under the Articles of ConfederationArticles of Confederation
The Articles of Confederation, formally the Articles of Confederation and Perpetual Union, was an agreement among the 13 founding states that legally established the United States of America as a confederation of sovereign states and served as its first constitution...
.
Supremacy
Clause two provides that the Constitution, federal laws made pursuant to it and treaties made under its authority, constitute the supreme law of the land. It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutionsState constitution (United States)
In the United States, each state has its own constitution.Usually, they are longer than the 7,500-word federal Constitution and are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont, adopted in 1793 and currently...
are subordinate to federal law.
The Supreme Court under John Marshall
John Marshall
John Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
was influential in construing the supremacy clause. It first ruled that it had the power to review the decisions of state courts allegedly in conflict with the supreme law, claims of "state sovereignty" notwithstanding. In Martin v. Hunter's Lessee
Martin v. Hunter's Lessee
Martin v. Hunter's Lessee, , was a landmark United States Supreme Court case decided on March 20, 1816. It was the first case to assert ultimate Supreme Court authority over state courts in matters of federal law.-Background:...
(1816), the Supreme Court confronted the Chief Justice of Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
, Spencer Roane
Spencer Roane
Spencer Roane was a Virginia lawyer and politician who served in the Virginia House of Delegates and as a judge of the state's highest court.Roane was born in Essex County, Virginia, on April 4, 1762...
, who had previously declared a Supreme Court decision unconstitutional and refused to permit the state courts to abide by it. The Court upheld the Judiciary Act, which permitted it to hear appeals from state courts, on the grounds that Congress had passed it under the supremacy clause.
The Supreme Court has also struck down attempts by states to control or direct the affairs of federal institutions. McCulloch v. Maryland
McCulloch v. Maryland
McCulloch v. Maryland, , was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland...
(1819) was a significant case in this regard. The state of Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
had levied a tax on banks not chartered by the state; the tax applied, state judges ruled, to the Bank of the United States chartered by Congress in 1816. Marshall wrote that "the States have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government." United States property is wholly immune to state taxation, as are government activities and institutions. Congress may explicitly provide immunity from taxation in certain cases, for instance by immunizing a federal contractor. Federal employees, however, may not be immunized from taxes, as the tax would not in any way impede government activities.
Gibbons v. Ogden
Gibbons v. Ogden
Gibbons v. Ogden, 22 U.S. 1 , was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce was granted to Congress by the Commerce Clause of the United States Constitution. The case was argued by some of America's most admired and...
(1824) was another influential case involving the supremacy clause. The state of New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
had granted Aaron Ogden a monopoly over the steamboat business in the Hudson River
Hudson River
The Hudson is a river that flows from north to south through eastern New York. The highest official source is at Lake Tear of the Clouds, on the slopes of Mount Marcy in the Adirondack Mountains. The river itself officially begins in Henderson Lake in Newcomb, New York...
. The other party, Thomas Gibbons, had obtained a federal permit under the Coastal Licensing Act to perform the same task. The Supreme Court upheld the federal permit. John Marshall wrote, "The nullity of an act, inconsistent with the Constitution, is produced by the declaration, that the Constitution is the supreme law. The appropriate application of that part of the clause which confers the same supremacy on laws and treaties, is to such acts of the State legislatures as do not transcend their powers, but though enacted in the execution of acknowledged State powers, interfere with, or are contrary to the laws of Congress, made in pursuance of the Constitution, or some treaty made under the authority of the United States. In every such case, the act of Congress, or the treaty, is supreme; and the law of the State, though enacted in the exercise of powers not controverted, must yield to it."
Reid v. Covert
Reid v. Covert
Reid v. Covert, , is a landmark case in which the United States Supreme Court ruled that the Constitution supersedes international treaties ratified by the United States Senate...
(1957) ruled that no branch of the United States Government can have powers conferred upon it by treaty that have not been conferred by the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
.
Oaths
Federal and state legislators, executive officers and judges are, by the third clause of the article, bound by oath or affirmationAffirmation in law
In law, an affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath. An affirmation has exactly the same legal effect as an oath, but is usually taken to avoid the religious implications of an oath...
to support the Constitution. Congress may determine the form of such an oath. In Ex parte Garland
Ex parte Garland
Ex parte Garland, , was an important United States Supreme Court case involving the disbarment of former Confederate officials.-Case:In January 1865 the Congress of the United States passed a law that effectively disbarred former members of the Confederate government by requiring a loyalty oath be...
(1866), the Supreme Court held that a test oath would violate the Constitution, so it invalidated the law requiring the following oath:
The Supreme Court found that the law constituted an unconstitutional ex post facto law
Ex post facto law
An ex post facto law or retroactive law is a law that retroactively changes the legal consequences of actions committed or relationships that existed prior to the enactment of the law...
, for it retroactively punished the offenses mentioned in the oath by preventing those who committed them from taking office.
Congress may not require religious tests for an office under the United States. Thus, Congress may include the customary words "so help me God" in an oath, but an individual would be under no compulsion to utter them, as such a requirement would constitute a religious test.
The current oath administered is as follows:
During the 1960 presidential campaign, the issue of whether the nation would for the first time elect a Catholic to the highest office in the land raised the specter of an implicit, but no less effective, religious test. John F. Kennedy
John F. Kennedy
John Fitzgerald "Jack" Kennedy , often referred to by his initials JFK, was the 35th President of the United States, serving from 1961 until his assassination in 1963....
, in his Address to the Greater Houston Ministerial Association on 12 September 1960, addressed the question directly, saying,