Civics Education
Federalism
Constitutionally, Who’s the Boss?
The Supremacy Clause and the Hierarchy of Laws
While states clearly have many powers and responsibilities, it is worth remembering that the U.S. Constitution and federal laws trump state legislation. This is a result of the “Supremacy Clause” in Article VI of the U.S. Constitution, which states: “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 following chart illustrates the hierarchy of laws in our nation, with the U.S. Constitution being the supreme Law of the Land.
Hierarchy of Laws
The issue of negotiating the balance of power between the federal government and state governments has existed since the founding of the United States. The complexity of the issue was not lost on the founding fathers, including many prominent Virginians, who struggled to find a compromise between those who wanted a strong national government and those who wanted to protect the power of the states.
Taking a brief detour to look back at the origins and arguments surrounding federalism provides a context to appreciate the ongoing challenges and struggles of the experiment that is America’s democracy.