The Supremacy Clause refers to the foundational principle that, in general, federal law takes precedence over any conflicting state law. Established under Article VI, Paragraph 2 of the U.S. Constitution, the Supremacy Clause enables the federal government to enforce treaties, create a central bank, and enact legislation without interference from the states. It does not, however, allow the federal government to review or veto state laws before they take effect.
The Supremacy Clause underpins the broader doctrine of preemption, where if laws are in conflict, the law of a higher authority can preempt the law of a lower authority if the superiority of the former is stated expressly or implied. Traditionally, when it is not indicated, federal law does not preempt state law in areas traditionally regulated by states, unless Congress’s intent to preempt is clear. In areas where the federal government has historically significant regulatory involvement, preemption is less likely to apply. Today, disputes usually involve statutory interpretation rather than its scope of application.
Purpose & Intent
The Purpose and intent of the Supremacy Clause is to overrule, Supersede, or preempt any inferior entity, law, or procedure without prejudice to the subject matter jurisdiction of the competent court of Law. For example: 1. Empire of Morocco v. United States of America 2. Moroccan Sultan v. American President 3. Moroccan Laws v. American Laws 4. Moroccan Judges v. American Judges 5. Consular Court v. U.S. Supreme Court 6. Indigenous v. Colonist 7. Rules of Law v. Outlaws
Moors) Legal Argument of the Supremacy Clause 1. United Nations Charter (1945) CHAPTER XVI MISCELLANEOUS PROVISIONS Article 103 In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.
2. Act of Algeciras (1906) Art. 123 and last. All treaties, conventions, and arrangements of the Signatory Powers with Morocco remain in force. It is understood, however, that in case of conflict between their provisions and those of the present General Act, the stipulations of the latter shall prevail. In faith whereof, the Delegates Plenipotentiary have signed the present General Act and have affixed their seals thereto. Done at Algeciras this seventh day of April, one thousand nine hundred and six, in a single copy, which shall remain deposited in the archives of the Government of His Catholic Majesty, and of which certified copies shall be transmitted through the diplomatic channel to the Signatory Powers.
3. Empire of Morocco Constitution 2024 ARTICLE 65. 1. Treaties or international agreements duly ratified shall prevail over Acts of the House upon publication. All Treaties made, or which shall be made, under the authority of the Empire of Morocco, shall be the supreme law of the Land. The Judges of the Empire and the internal States shall be bound thereby. Anything in the Constitution or laws of any Moorish State to the contrary notwithstanding.
4. United States Constitution Article. VI. Clause 2. 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 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. 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
Supremacy Clause Article 6, Clause 2, as follows: 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, anything in the Constitution or laws of any State to the contrary notwithstanding. 1. This Constitution, 2. and the laws of the United States which shall be made in pursuance thereof; 3. and all treaties made, 4. or which shall be made, 5. under the authority of the United States, 6. shall be the supreme law of the land; 7. and the judges in every state shall be bound thereby, 8. anything in the Constitution or laws of any State to the contrary notwithstanding. 1. This Constitution, 2. and the laws of the United States which shall be made in pursuance thereof; 3. and all treaties made, 4. or which shall be made, 5. under the authority of the United States, 6. shall be the supreme law of the land; 7. and the judges in every state shall be bound thereby, 8. anything in the Constitution or laws of any State to the contrary notwithstanding. 1. This Constitution, (Fundamental law), and 2. Laws of the U.S. which shall be made; (Statutory law) 3. and all treaties made, (Treaty law) 4. or which shall be made, (Int’l law, i.e., Law of Nations) 5. Judges in every state shall be bound… (Common law) *Separation of Powers: 1. Executive, 2. Legislative, 3. Judicial (Branches) 1. enumerated, 2. implied, 3. resulting, 4. inherent Who Has Subject Matter Jurisdiction? *Domestic Jurisdiction (People v. People @Supreme Court) 1) Fundamental law, i.e., Constitution, is (self-executing) 2) Statutory law i.e., Legislation, is (self-executing) 3) Common Law, i.e., Rulings, is (self-executing) *Foreign Nat’l Jurisdiction (State v. State @Consular Court) 4) Treaty law, i.e., Treaty of Peace, is (non-self-executing) *Foreign Int’l Jurisdiction (State v. State @ICJ) 5) Int’l Law, i.e., Charter of the U.N., is (non-self-executing)
