Also known as: supreme law of the land · supremacy clause
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional command designating the Constitution, federal statutes enacted pursuant to it, and treaties as the highest law. It binds state judges and displaces any conflicting state constitutional or statutory provisions.
Sierra Santos, an out-of-state renewable generator, sought grid access in Mississippi under a federal program requiring nondiscriminatory treatment for all qualifying producers. The state commission denied priority to out-of-state projects in favor of local ones. The federal requirement controlled the outcome because it directly conflicted with the state order.
Stephen Shaw sought to reopen his state criminal case after a Vienna Convention violation. The President issued a memorandum directing state courts to give effect to the treaty. The memorandum had no force because Congress had never enacted implementing legislation.
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Stella Shapiro managed a federally chartered bank in Maryland. State officials imposed a tax solely on that institution. The federal charter prevailed over the state tax because the bank operated as a means to execute national powers.
Scott Summers operated steel mills during a labor dispute. The President directed seizure of the mills without statutory authorization. The order lacked effect because it exceeded the President's independent constitutional authority.
Santiago Sanchez claimed land under a state court judgment. The opposing party invoked a federal treaty and Supreme Court precedent. The state judgment yielded because federal law controlled the title question.
Spencer Silver sued Maine in its own courts for overtime under federal law. The state asserted sovereign immunity. The claim could not proceed because Congress had not validly abrogated the state's immunity in its own courts.
No. Such a treaty has no domestic legal effect until Congress passes implementing legislation. The President cannot enforce it through a memorandum directing state compliance.
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Federal law preempts when a valid federal program directly conflicts with state action. Conflict preemption applies without any requirement of express congressional intent to preempt.
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No. Treaties and executive agreements cannot authorize conduct that violates constitutional guarantees. The Constitution remains the supreme law even when an agreement purports to override it.
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No. A non-self-executing treaty creates no enforceable rights in state proceedings. State agencies have no obligation to apply its terms until Congress acts.
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…in its powers, is supreme within its sphere of action, and its laws, when made in pursuance of the Constitution, form the supreme law of the land. There is nothing in the Constitution similar to the Articles of Confederation which excludes incidental or implied powers. If the end be legitimate and within the scope of the…