Constitutional supremacy is the principle that no law or governmental action, federal or state, can violate the Constitution. When Congress passes a statute and the President signs it, that law can still be struck down if courts determine it violates constitutional rights or exceeds federal authority. The Supreme Court established this power in Marbury v. Madison (1803), declaring that federal courts have the authority to void unconstitutional laws. Constitutional supremacy makes the Constitution the highest law—superior to all statutes, executive orders, and state law.
This principle applies throughout the legal system: state constitutions, state laws, state executive orders, and local ordinances all must comply with the U.S. Constitution. When a state law banning certain speech conflicts with the First Amendment, the state law dies. When Congress tries to tax something the Constitution forbids, the tax fails. When a state executive orders a practice the 14th Amendment prohibits, courts block it. Constitutional supremacy gives courts, particularly the Supreme Court, the power to overturn democratic decisions made by elected officials—a power defenders argue is essential to protect constitutional rights from majority tyranny.
The scope of this power generates debate. Critics contend that unelected judges wielding constitutional supremacy power can frustrate the democratic will of elected representatives. Supporters argue that protecting constitutional protections from majority rule is precisely the point—individual rights shouldn't be subject to popular vote. When courts invoke constitutional supremacy to strike down laws, they're saying rights come before democracy, not after it.
Constitutional supremacy means citizens can turn to courts when they believe government—federal or state—has violated their constitutional rights. It's why the Supreme Court could require states to recognize same-sex marriage and why courts can strike down laws infringing on free speech.
People often think Congress can pass any law it wants. In practice, the Constitution constrains Congress's power—if a law violates constitutional rights or exceeds enumerated powers, courts can strike it down.
Constitutional supremacy means citizens can turn to courts when they believe government—federal or state—has violated their constitutional rights. It's why the Supreme Court could require states to recognize same-sex marriage and why courts can strike down laws infringing on free speech.
People often think Congress can pass any law it wants. In practice, the Constitution constrains Congress's power—if a law violates constitutional rights or exceeds enumerated powers, courts can strike it down.