Article VI: The Supreme Law of the Land

According to Article VI, the Constitution and laws of the United States are “the supreme law of the land.” Both state and federal officials, including judges, must take an oath to support the Constitution, even if state law contradicts it. Unlike the Articles of Confederation, the Constitution trumps state power. However, the Constitution also protects the powers of the states in many ways. This system of federalism, a political system in which the national and state governments share power, is a key feature of American government. Article VI also guarantees a measure of religious freedom by banning religious tests for public office.

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.

The framers did not want to in effect declare bankruptcy by creating a new government. Therefore, they included a provision in the Constitution to assure creditors that any debts incurred by the national government under the Articles of Confederation would be honored under the Constitution.

These Revolutionary War debts were considerable. In addition, many individual states still owed substantial sums for war expenses. After the Constitution went into effect, Alexander Hamilton made an agreement with Thomas Jefferson that the national government would assume the war debts of the states in exchange for locating the national capital on the Potomac River.

Supremacy clause

“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.”

This provision in Article VI is known as the Supremacy Clause. It establishes the Constitution, federal statutes, and U.S. treaties as “the supreme law of the land.” The Constitution is the highest form of law in the American legal system. State judges are required to uphold the U.S. Constitution, even if state laws or constitutions conflict with it. Treaties must comply with the Constitution. However, the treaty making power of the U.S. government is broader than the lawmaking power of Congress. The Supreme Court ruled in Missouri v. Holland (1920) that pursuant to a treaty with Great Britain, the United States could regulate the hunting of migratory birds, even though Congress had no independent authority to pass such legislation.

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.

All state and federal officials must swear to uphold the Constitution. Some scholars argue that this requirement in Article VI gives Congress, the president, and the Supreme Court an equal power to interpret the Constitution. Members of the military and naturalized citizens must take an oath to defend the Constitution, but native-born civilians do not.

Article VI also bans religious tests for public office in the federal government. This was one of the few provisions in the original Constitution that protected civil liberties. During the ratification debates, some opponents of the Constitution argued that belief in God should be a requirement for office seekers. The Supreme Court extended the ban on religious tests to state governments, holding that they violated freedom of religion under the First Amendment, in Torcaso v. Watkins (1961).