Article VI (6): The Supreme Law of the Land

Article VI (6):
The Supreme
Law of the
Land

Lesson Overview

• Students Will Be Able To:
o Identify how the Supremacy Clause has applied in conflicts between state and federal law.
o Explain how Article VI (6) applies to specific
historical documents.
• Vocabulary:
o Oath, Affirmation

Essential Question- How does Article VI (6) of the Constitution resolve conflicts between state and federal laws?

Why do you think
that they use the
word
"Supremacy" in
this Article?

Hint- What does
this word mean?

Article VI (6)- Debts, Supremacy, and Oaths of Office

• This Article establishes 4 main principles-
oThe newly formed U.S. Government would honor all debts
and obligations from the AOC (Articles of Confederation).
oThe Constitution, U.S Laws, and all treaties made by the
U.S are the Supreme Law of the land.
oAll federal and state executive and judicial branch officers
must take an oath to uphold the Constitution.
oNo religious test is permitted as a qualification to hold
office.

Debts Under the Articles of Confederation (AOC)

• Alexander Hamilton wanted the new country to assume the debts form the war and build its credit
• He wanted to establish the First National Bank of the United States to strengthen and modernize the US Economy
• Opposed by most Southern States as too much federal control over the states

• Remember - That the country was
still trying to find itself after beating the British

The Supreme Law of the Land

• The 2nd Clause of Article VI is known as the
"Supremacy Clause"
• It was designed to fix the problem that the AOC
had with government power and weakness
• It makes the US. Constitution the "Law of the
Land"
• The compromise to add the Bill of Rights helped
Anti-Federalists to accept this clause

McCulloch v. Maryland

• Hamilton's bank policies
led to this landmark
Supreme Court Case
• Deals with the Elastic
Clause also referred to as
the "Necessary and
Proper Clause"

Testing the Supremacy Clause

• The 1954 case of Brown v. Board of Education of Topeka,
Kansas which overturned Plessy v. Ferguson (Racial
Segregation)
• The 1958 case Cooper v. Aaron, where the Supreme Court
said that Arkansas was violating the Supremacy Clause
• The 1956 case, Pennsylvania v. Nelson, where the Supreme
Court said that the federal government's sedition law
preempted PA's law

In all these examples the
Supreme Court is ruling
that the Constitution is
the "Supreme Law" of
the land. Meaning that
all states must follow it.

The Oath or Affirmation Clause

• An Oath- is a promise made in witness to a divine
being and an Affirmation- is a public statement of
agreement
• The President takes an Oath of Office as outlined in
Article 2 of the Constitution and Congress has the
power to write oaths and affirmations
• All government officials declare to "Support and
Defend," the Constitution

No Religious Test

• Back in the day, in the early years of the U.S., many
states had a religious requirement for government
officials.
• Several states even has religious tests as part of
their state constitutions.
• The Supreme Court ruled in Torcaso v. Watkins
(1961) that the state of Maryland
violated the portion of Article VI with the religious
test
oRoy Torcaso was appointed as a notary public by the
governor and did not want to say in the oath about the
"existence of God." (he was an atheist)
oHe appealed his case to the Supreme Court, and they
sided with him

Essential Question- How does Article VI (6) of the Constitution resolve conflicts between state and federal laws?

• The first clause of Article VI settled all prior debts the United States accumulated under the Articles of Confederation.

• Secretary of the Treasury Alexander Hamilton’s financial leadership settled all of the
prior debts by 1790, which was achieved by a deal to situate the District of Columbia in
the Southern region of the United States.

• Article VI established the U.S. Constitution is the supreme law of the land. This
principle requires all states and state officials to abide by the Constitution.

• State and federal officials are required to swear an oath or affirm to defend the
Constitution, and no religious test may be used as a qualification for officials to serve.

What's Next- In the upcoming lesson, you will explore how amendments are added to the Constitution.