What Is the Supreme Law of the Land?
Introduction
This isn’t a trick question, nor is it a question that has to be argued in court every time. It was already decided more than 230 years ago. That answer is in one sentence, buried in Article VI of the Constitution, and it is one of the strongest sentences in American government. This guide explains what the phrase means; where it originated, how it manifests in actual conflicts, and how it remains a part of the news today, whether at the border or in marijuana policy.
The doctrine of the supremacy of the law means that the U.S. Constitution, federal statutes enacted pursuant to the U.S. Constitution, and federal treaties ratified by the federal government are in effect over any conflicting state law, state Constitution, or local ordinance. This is not only said but written in the Constitution, in the Supremacy Clause. In simple terms, the federal law takes precedence when there is a conflict between state and federal law, and state judges must obey the federal law.
Where Does This Come From?
This Constitution, and the Laws of the United States which shall be made Pursuant hereof; and all Treaties 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. That’s it. One sentence. It has, however, dramatically altered the relationship between the federal government and the states so far as their respective powers are concerned.
You can read the full, official text here: (https://www.law.cornell.edu/constitution/articlevi) at Cornell Law School, which also cross-references related case law.
Why did the Founders add it?
Before the Constitution, the country ran on the Articles of Confederation, which had no such clause. The outcome was anarchy: States disregarded federal laws, negotiated their own trade agreements, and considered national treaties non-binding. The lack of federal power alsocreated actual political and economic issues, as the Constitution Annotated overview explains, because federal laws would not be enforced in state courts unless the state decided to enforce them itself.
The delegates at the Constitutional Convention of 1787 desired a stronger national government, and the Supremacy Clause was meant to ensure that. However, both the Virginia Plan and the New Jersey Plan, the two rival proposals at the Convention, recognised the supremacy of national law over state law, without being in agreement on virtually anything else, the Centre for the Study of Federalism reports.
What Actually Counts as Supreme Law?
Not everything the federal government does automatically overrides state law. Here’s a simple breakdown:
Sources of Supreme Law
U.S. Constitution
Yes, it is the supreme law.
Always supreme with no conditions.
Federal statutes (Acts of Congress)
Yes, if they are made according to the Constitution.
Congress must act within its constitutional powers.
Ratified treaties
Yes, they are the supreme law.
Must be approved by a two-thirds vote of the Senate.
Federal regulations and executive orders
Generally yes.
Must be based on a valid federal law or constitutional authority.
State constitutions and state laws
No, they are not supreme law.
They must give way if they conflict with valid federal law.
Important Point
The Supremacy Clause only applies when there is a real conflict between federal and state law.
States do not have to copy every federal policy if there is no conflict.
Types of Preemption
Express preemption
Congress clearly states that federal law overrides state law.
Field preemption
Federal law completely controls an area, leaving no room for state laws.
Conflict preemption
It is impossible to follow both federal and state law at the same time, or the state law blocks the purpose of federal law.
Another Important Point
The Supremacy Clause decides which law has priority.
It does not, by itself, give individuals the right to file a lawsuit.
Important Supreme Court Cases
Ware v. Hylton (1796)
The first case applying the Supremacy Clause.
A federal treaty overrode a conflicting Virginia state law.
McCulloch v. Maryland (1819)
States cannot tax or interfere with valid federal institutions.
Strengthened federal authority over the states.
Ableman v. Booth (1859)
State courts cannot overturn federal court decisions.
Federal judicial authority is final.
Cooper v. Aaron (1958)
States must obey federal court orders.
Confirmed that the Supremacy Clause binds all state officials.
Missouri v. Holland (1920)
Valid treaties can override state laws, even in areas normally controlled by the states.
Common Misconceptions About the Supreme Law of the Land
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– Common Misunderstandings
“Federal law always wins.”
Not true.
Federal law only takes priority if it is constitutional and there is a real conflict with state law.
“State laws are meaningless.”
False.
States make and enforce many laws, including:
Family law
Criminal law
Property law
Education
Local government matters
“The Supremacy Clause and judicial review are the same.”
False.
The Supremacy Clause decides which law has priority.
Marbury v. Madison established judicial review, which allows courts to declare laws unconstitutional.
Why the Supremacy Clause Matters Today
Marijuana laws
Some states have legalised marijuana.
Federal law still makes it illegal.
This creates conflicts between state and federal law.
Immigration
Disputes over state immigration laws and sanctuary policies often depend on whether they conflict with federal immigration law.
Healthcare and employment
Some federal laws override state laws on employee benefits and healthcare regulations.
Tips for Understanding the Supremacy Clause
Ask these two questions:
Is the federal law constitutional?
Is there a real conflict between federal and state law?
Both answers must be yes before federal law takes priority.
Remember:
Supreme does not mean exclusive.
State and federal laws often work together without conflict.
Check whether Congress clearly stated that federal law overrides state law.
This is called express preemption.
Pros of Federal Supremacy
Creates one consistent legal system across the country.
Prevents different states from having conflicting laws on national issues.
Gives federal treaties and court decisions legal force throughout the country.
Cons of Federal Supremacy
Can reduce the power of states to make their own laws.
Can lead to political disagreements between federal and state governments.
Legal disputes over pre-emption can take many years to resolve.
Frequently Asked Questions
1. What is the supreme law of the land in the United States?
The supreme law of the land includes:
The U.S. Constitution
Federal laws made under the Constitution
Ratified treaties
2. Is the Constitution the only supreme law, or do federal statutes count too?
Both are supreme law.
Federal statutes are supreme only if Congress had the constitutional authority to pass them.
3. Can a state law ever override federal law?
No, if there is a direct conflict with a valid federal law.
States can still make laws in areas where no valid federal law applies.
4. What is the difference between the Supremacy Clause and judicial review?
The Supremacy Clause decides which law has priority when federal and state laws conflict.
Marbury v. Madison established judicial review, which allows courts to strike down laws that violate the Constitution.
5. Why did the Founding Fathers include the Supremacy Clause?
Under the Articles of Confederation, the federal government was too weak to enforce its laws and treaties.
The Supremacy Clause was included in the Constitution to create a stronger and more stable national government.
Conclusion
The supreme law of the land is:
The U.S. Constitution
Valid federal laws
Ratified treaties
These are the highest laws in the United States.
State judges must follow them whenever there is a real conflict with state law.
The Supremacy Clause helps ensure that the same constitutional rules apply across the country.
See Also: https://ideasshelter.com/how-do-ski-jumpers-stay-in-the-air-so-long/