Supremacy Clause - Explained
What is the Supremacy Clause?
Written by J. Mance Gordon
Updated at April 21st, 2024
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What is the Supremacy Clause?
Article VI, Section 2 of the US Constitution provides that the Constitution is supreme over all laws and that federal law is supreme over state law.
What is Preemption?
Congress can expressly reserve an entire area of law for federal regulation. In such a case, the federal law preempts state law.
Generally, the state and federal governments may regulate the same type of conduct. This is known as concurrent power.
However, any state law that prevents or interferes with the accomplishment and execution of the full purposes and objectives of Congress is invalid.
If Congress does not expressly reserve the area of law for federal regulation, the state may also regulate it.
What is the Federal Court's Authority to Review State Laws?
State appellate courts or the US Supreme Court may review a state law and overturn it if it determines that the law conflicts with or violates a federal law.
- Note: Generally the state law can be more restrictive than the federal securities law.
- Example: The Federal Government regulates the immigration process. It expressly preempts states regulating this area of law. The Federal Government also regulates the purchase and sale of securities. States are not preempted from regulating the purchase or sale of securities, but a state law may not conflict with or prohibit the accomplishment of federal law.
Related Concepts
- What is the Separation of Powers?
- Executive Branch
- Legislative Branch
- Judicial Branch
- Limitations:
- Emolument Clause
- What is Federalism?
- Commonwealth
- What is the Supremacy Clause and Preemption?
- What is the Full Faith & Credit Clause?
- What is the Privileges and Immunities Clause?
- What is the Contract Clause?