The Supremacy Clause is the name usually given to the second clause of Article 6 of the U.S. Constitution, which established two things: that the Constitution is “the supreme Law of the Land” and that all laws of all states and the Federal Government will be subordinate to the Constitution. The Supremacy Clause has become one of the core elements of stare decisis, or judicial review as set forth in Chief Justice John Marshall’s ruling in the case of Marbury v. Madison.
Understanding the significance of Article 6 of the United States
Constitution requires understanding what came before
America had a Federal Constitution and what the implications
were afterward. The forerunner of the American Constitution was the Articles of Confederation
The second and third clauses of Article 6 had
extremely long lasting-implications. The first involved the assuming of
the debts and obligations incurred under the Articles of Confederation