Article VI - Supreme Law of the Land
Federal law is the supreme law — states cannot override it. But the Supremacy Clause has also been used to shield corporations from state consumer protection laws and to preempt state environmental standards stronger than federal ones. The ban on religious tests for office was [radical in 1787](https://en.wikipedia.org/wiki/Religious_test#United_States) — seven states still required Protestant Christianity for officeholders.
Original Text
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. 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 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.
Article VI contains four distinct provisions, each doing different constitutional work.
Debt assumption: the Constitution honored debts incurred under the Articles of Confederation, preserving the new nation's creditworthiness from day one.
Supremacy Clause: the Constitution, valid federal laws, and treaties are the supreme law of the land. The critical word is "valid"—the clause applies only to laws "made in pursuance" of the Constitution. An unconstitutional federal statute is not supreme law. When valid federal law and state law conflict, federal law wins. This principle is the foundation of judicial review.
Oath Clause: all federal and state officials—legislators, executive officers, judges—must swear to support the Constitution. This binds state officials to federal constitutional supremacy, not just federal ones.
Religious test ban: no religious test can ever be required for any office or public trust under the United States. Any citizen of any faith—or no faith—can serve in federal government. This was radical in 1787.
Check your understanding
Key Concepts0/12
Supremacy Clause - Quick Quiz
Constitution and federal law override conflicting state law
Question 1: The Supremacy Clause establishes that:
Answer options:
- Federal law is the supreme law of the land (Correct answer)
The Constitution overrides state law.
- State law overrides federal law
Federal law is supreme.
- All laws are equal
Federal law prevails.
- Courts make all law
The Supremacy Clause applies to enacted law.
Explanation: Federal law is supreme over state law.
Question 2: When state law conflicts with federal law:
Answer options:
- Federal law prevails (Correct answer)
The Supremacy Clause resolves conflicts.
- State law prevails
Federal law is supreme.
- Courts flip a coin
Federal law prevails.
- Neither law applies
Federal law applies.
Explanation: Federal law prevails.
Question 3: The Supremacy Clause appears in:
Answer options:
- Article VI of the Constitution (Correct answer)
Article VI establishes supremacy.
- The First Amendment
That is about rights.
- Article I
That is about Congress.
- The Preamble
That is introductory.
Explanation: Article VI contains the Supremacy Clause.
Question 4: The Constitution is the _____ law.
Fill in the blank(s):
Blank 1: supreme
Options: supreme, highest, ultimate, top
Explanation: The Constitution is the supreme law.
Question 5: The Supremacy Clause prevents:
Answer options:
- States from undermining federal law (Correct answer)
Federal law must be respected.
- Congress from passing laws
Congress can pass laws.
- Courts from interpreting law
Courts interpret law.
- The President from acting
The President can act.
Explanation: It prevents states from undermining federal law.
Question 6: Federal law overrides _____ law.
Fill in the blank(s):
Blank 1: state
Options: state, local, conflicting, opposing
Explanation: Federal law overrides conflicting state law.
Question 7: McCulloch v. Maryland applied the Supremacy Clause to:
Answer options:
- Strike down a state tax on the federal bank (Correct answer)
States cannot tax federal institutions.
- Create the federal bank
That was a different issue.
- Abolish state banks
State banks continued.
- Raise federal taxes
The case was about state taxation.
Explanation: The case struck down a state tax on a federal bank.
Question 8: Supremacy creates a legal _____.
Fill in the blank(s):
Blank 1: hierarchy
Options: hierarchy, order, structure, system
Explanation: Supremacy creates a legal hierarchy.
Question 9: The Supremacy Clause is essential for:
Answer options:
- Maintaining a unified legal system (Correct answer)
Supremacy prevents legal chaos.
- State independence
Supremacy limits states.
- Presidential power
Supremacy applies to law, not the President.
- International relations
Supremacy is domestic.
Explanation: Supremacy is essential for national unity.
Question 10: The Supremacy Clause binds state _____.
Fill in the blank(s):
Blank 1: judges
Options: judges, courts, officials, governments
Explanation: The Supremacy Clause binds state judges.
Supreme Law of the Land - Quick Quiz
Constitution sits atop the legal hierarchy
Question 1: The supreme law of the land includes:
Answer options:
- Constitution, federal laws, and treaties (Correct answer)
All three are supreme law.
- Only the Constitution
Laws and treaties are also supreme.
- Only federal laws
Constitution and treaties too.
- Only state laws
State laws are subordinate.
Explanation: Constitution, laws, and treaties are supreme.
Question 2: In the legal hierarchy, the Constitution is:
Answer options:
- At the top, above all other law (Correct answer)
Nothing is higher than the Constitution.
- Equal to federal statutes
The Constitution is higher.
- Below treaties
The Constitution is supreme.
- Below state constitutions
Federal Constitution is supreme.
Explanation: The Constitution is at the top.
Question 3: Even Congress cannot:
Answer options:
- Pass laws that violate the Constitution (Correct answer)
The Constitution is supreme over Congress.
- Pass any laws at all
Congress can pass constitutional laws.
- Override state laws
Congress can override state law.
- Fund the government
Congress funds the government.
Explanation: Congress cannot violate the Constitution.
Question 4: The Constitution sits atop the legal _____.
Fill in the blank(s):
Blank 1: hierarchy
Options: hierarchy, system, order, pyramid
Explanation: The Constitution sits atop the legal hierarchy.
Question 5: Unconstitutional federal laws are:
Answer options:
- Void and unenforceable (Correct answer)
The Constitution invalidates them.
- Still binding
Unconstitutional laws are void.
- Only advisory
They are void.
- Enforceable in some states
They are void everywhere.
Explanation: Unconstitutional laws are void.
Question 6: All laws must comply with the _____.
Fill in the blank(s):
Blank 1: Constitution
Options: Constitution, federal law, Supreme Court, Congress
Explanation: All laws must comply with the Constitution.
Question 7: The phrase supreme law of the land means:
Answer options:
- No law can override the Constitution (Correct answer)
The Constitution is ultimate.
- Land laws are most important
It refers to all law.
- States own all land
It refers to legal supremacy.
- Only land disputes matter
It refers to all law.
Explanation: Nothing can override the Constitution.
Question 8: Supreme law creates _____ authority.
Fill in the blank(s):
Blank 1: ultimate
Options: ultimate, final, highest, absolute
Explanation: Supreme law creates ultimate authority.
Question 9: Marbury v. Madison established that courts can:
Answer options:
- Strike down unconstitutional laws (Correct answer)
Judicial review protects the Constitution.
- Pass new laws
Courts interpret, not make, law.
- Amend the Constitution
Courts cannot amend.
- Override the President
Courts review law, not executive action.
Explanation: Courts can review laws for constitutionality.
Question 10: The Constitution is the _____ law.
Fill in the blank(s):
Blank 1: fundamental
Options: fundamental, basic, supreme, highest
Explanation: The Constitution is the fundamental law.
Federal Preemption - Quick Quiz
Federal law can displace state law in its domain
Question 1: Federal preemption means:
Answer options:
- Federal law displaces conflicting state law (Correct answer)
Preemption overrides state law.
- States can ignore federal law
Federal law preempts.
- Courts make all laws
Preemption applies to enacted law.
- The President controls states
Preemption is about law, not executive power.
Explanation: Federal law displaces conflicting state law.
Question 2: Express preemption occurs when:
Answer options:
- Congress explicitly states federal law preempts state law (Correct answer)
Express language creates preemption.
- Courts decide to preempt
Congress determines express preemption.
- States agree to be preempted
State consent is not required.
- The President orders preemption
Congress, not the President, preempts.
Explanation: Congress explicitly states preemption.
Question 3: Implied preemption can occur when:
Answer options:
- Federal law occupies the entire field of regulation (Correct answer)
Field preemption displaces all state law.
- States request preemption
Preemption does not require consent.
- Courts prefer federal law
Preemption has specific tests.
- The President signs an order
Preemption comes from Congress.
Explanation: Federal law occupies the entire field.
Question 4: Preemption displaces _____ law.
Fill in the blank(s):
Blank 1: state
Options: state, local, conflicting, opposing
Explanation: Preemption displaces state law.
Question 5: Conflict preemption applies when:
Answer options:
- Compliance with both laws is impossible (Correct answer)
Direct conflict triggers preemption.
- States prefer federal law
Preference is irrelevant.
- Courts want to preempt
Conflict must exist.
- The President orders it
Conflict must exist.
Explanation: State law conflicts with federal law.
Question 6: Federal law can _____ state regulations.
Fill in the blank(s):
Blank 1: preempt
Options: preempt, override, displace, supersede
Explanation: Federal law can preempt state regulations.
Question 7: In immigration law, federal preemption is:
Answer options:
- Extensive, limiting state involvement (Correct answer)
Immigration is primarily federal.
- Nonexistent
Immigration is federally controlled.
- Left entirely to states
Federal law dominates.
- Determined by courts only
Congress creates preemption.
Explanation: Immigration is heavily preempted.
Question 8: Preemption reflects federal _____.
Fill in the blank(s):
Blank 1: supremacy
Options: supremacy, power, authority, dominance
Explanation: Preemption reflects federal supremacy.
Question 9: States can regulate alongside federal law when:
Answer options:
- Federal law does not preempt the field (Correct answer)
Concurrent regulation is possible.
- Never
Concurrent regulation exists.
- Always
Preemption can block states.
- Only with presidential approval
Preemption is about law, not approval.
Explanation: Concurrent regulation is sometimes allowed.
Question 10: Preemption analysis asks whether Congress _____ preemption.
Fill in the blank(s):
Blank 1: intended
Options: intended, wanted, required, mandated
Explanation: Courts ask whether Congress intended preemption.
Treaty Supremacy - Quick Quiz
International treaties have force of federal law
Question 1: Treaties made under U.S. authority are:
Answer options:
- The supreme law of the land (Correct answer)
Article VI includes treaties.
- Below state law
Treaties are supreme.
- Only advisory
Treaties are binding law.
- Not legally binding
Treaties are law.
Explanation: Treaties are the supreme law of the land.
Question 2: Treaties can override:
Answer options:
- Conflicting state laws (Correct answer)
Treaties are supreme over states.
- The Constitution
Treaties must be constitutional.
- All federal laws
Later laws can override treaties.
- Nothing
Treaties override state law.
Explanation: Treaties override conflicting state law.
Question 3: Self-executing treaties:
Answer options:
- Take effect without implementing legislation (Correct answer)
They are directly enforceable.
- Require state approval
State approval is not needed.
- Are unconstitutional
They are constitutional.
- Only bind the President
They bind everyone.
Explanation: Self-executing treaties take effect without legislation.
Question 4: Treaties have the force of _____ law.
Fill in the blank(s):
Blank 1: federal
Options: federal, national, supreme, binding
Explanation: Treaties have the force of federal law.
Question 5: The last-in-time rule means:
Answer options:
- A later federal statute can override an earlier treaty (Correct answer)
Statutes and treaties are equal.
- Treaties always prevail
Later statutes can override.
- Statutes always prevail
Treaties can override earlier statutes.
- Courts decide which prevails
The later one prevails.
Explanation: Later law prevails over earlier conflicting law.
Question 6: Treaties are made by the _____ with Senate consent.
Fill in the blank(s):
Blank 1: President
Options: President, executive, administration, government
Explanation: The President makes treaties with Senate consent.
Question 7: Reid v. Covert established that treaties:
Answer options:
- Cannot violate constitutional rights (Correct answer)
The Constitution is supreme.
- Override the Constitution
The Constitution is supreme.
- Only bind foreign nations
Treaties bind domestically.
- Are not enforceable
Treaties are enforceable law.
Explanation: Treaties cannot violate the Constitution.
Question 8: Treaties require Senate approval by _____ vote.
Fill in the blank(s):
Blank 1: two-thirds
Options: two-thirds, majority, unanimous, supermajority
Explanation: Treaties require two-thirds Senate approval.
Question 9: Non-self-executing treaties require:
Answer options:
- Congressional legislation to become enforceable (Correct answer)
Implementation is needed.
- No further action
Implementation is needed.
- State approval
Congressional action is needed.
- Presidential veto
Implementation, not veto, is needed.
Explanation: They require implementing legislation.
Question 10: Treaty supremacy reflects _____ power.
Fill in the blank(s):
Blank 1: federal
Options: federal, national, treaty, executive
Explanation: Treaty supremacy reflects federal power.
Oath Clause - Quick Quiz
All officials must swear to support the Constitution
Question 1: The Oath Clause requires officials to swear to:
Answer options:
- Support the Constitution (Correct answer)
Constitutional fidelity is required.
- Obey the President
The oath is to the Constitution.
- Follow their political party
The oath is to the Constitution.
- Serve their state first
The oath is to the Constitution.
Explanation: Officials swear to support the Constitution.
Question 2: Who must take the constitutional oath?
Answer options:
- All federal and state legislative, executive, and judicial officers (Correct answer)
The oath binds all officials.
- Only the President
All officials take oaths.
- Only federal officials
State officials also take oaths.
- Only judges
All officials take oaths.
Explanation: All federal and state officials.
Question 3: The oath creates:
Answer options:
- Personal commitment to constitutional fidelity (Correct answer)
Officials are personally bound.
- Lifetime employment
The oath is about commitment, not tenure.
- Immunity from prosecution
The oath does not create immunity.
- Higher salary
The oath is not about compensation.
Explanation: The oath creates a personal commitment to the Constitution.
Question 4: Officials swear to support the _____.
Fill in the blank(s):
Blank 1: Constitution
Options: Constitution, government, President, nation
Explanation: Officials swear to support the Constitution.
Question 5: The oath requirement reinforces:
Answer options:
- Constitutional supremacy over all other loyalties (Correct answer)
The Constitution comes first.
- Party loyalty
Constitution comes before party.
- State supremacy
Federal Constitution is supreme.
- Personal preferences
Constitution overrides preferences.
Explanation: The oath reinforces constitutional supremacy.
Question 6: The oath binds officials _____.
Fill in the blank(s):
Blank 1: personally
Options: personally, individually, directly, morally
Explanation: The oath binds officials personally.
Question 7: Breaking the oath can result in:
Answer options:
- Impeachment or removal from office (Correct answer)
Oath violation is serious.
- No consequences
There are consequences.
- A small fine only
Consequences are more serious.
- Automatic re-election
Violation leads to consequences.
Explanation: Oath violation can result in removal from office.
Question 8: State officials also take _____ oaths.
Fill in the blank(s):
Blank 1: constitutional
Options: constitutional, federal, binding, official
Explanation: State officials also take constitutional oaths.
Question 9: The Oath Clause connects officials to:
Answer options:
- The foundational principles of the nation (Correct answer)
The oath is about principles.
- Their campaign promises
Promises are separate from the oath.
- Current popular opinion
The oath is to the Constitution.
- Foreign governments
The oath is to the U.S. Constitution.
Explanation: The oath connects officials to constitutional principles.
Question 10: The oath represents a _____ to the Constitution.
Fill in the blank(s):
Blank 1: commitment
Options: commitment, promise, pledge, vow
Explanation: The oath represents a commitment to the Constitution.
No Religious Test - Quick Quiz
Faith cannot be a qualification for public office
Question 1: The No Religious Test Clause prohibits:
Answer options:
- Requiring specific religious beliefs for public office (Correct answer)
Faith cannot be a qualification.
- Religious expression by officials
Expression is allowed.
- Religious beliefs entirely
Personal beliefs are protected.
- Churches from operating
Churches can operate freely.
Explanation: Religious tests for office are prohibited.
Question 2: A state cannot require office holders to:
Answer options:
- Believe in God or any specific religion (Correct answer)
Religious tests are prohibited.
- Take any oath at all
Secular oaths are allowed.
- Be citizens
Citizenship can be required.
- Be adults
Age requirements are allowed.
Explanation: States cannot require belief in God.
Question 3: The No Religious Test Clause protects:
Answer options:
- Religious freedom and equal access to office (Correct answer)
All faiths can hold office.
- Only Christians
All faiths are protected.
- Only atheists
All beliefs are protected.
- Only federal officials
State officials are also protected.
Explanation: The clause protects religious freedom.
Question 4: Religious tests for office are _____.
Fill in the blank(s):
Blank 1: prohibited
Options: prohibited, forbidden, banned, unconstitutional
Explanation: Religious tests for office are prohibited.
Question 5: Torcaso v. Watkins struck down:
Answer options:
- Marylands requirement of belief in God for notaries (Correct answer)
The religious test was unconstitutional.
- All state offices
Only the religious test was struck down.
- Federal religious tests
The case was about state tests.
- Religious organizations
Organizations were not affected.
Explanation: The case struck down a state religious test.
Question 6: Faith cannot be a _____ for office.
Fill in the blank(s):
Blank 1: qualification
Options: qualification, requirement, condition, prerequisite
Explanation: Faith cannot be a qualification for office.
Question 7: The No Religious Test Clause was unusual because:
Answer options:
- Most states at the time required religious tests (Correct answer)
The Constitution was progressive.
- Religion was unimportant in 1787
Religion was very important.
- No one cared about religion
Religion was central.
- All founders were atheists
Most founders were religious.
Explanation: Most states had religious tests in 1787.
Question 8: The clause ensures _____ access to office.
Fill in the blank(s):
Blank 1: equal
Options: equal, fair, open, free
Explanation: The clause ensures equal access to office.
Question 9: An atheist running for office:
Answer options:
- Cannot be disqualified based on lack of religious belief (Correct answer)
No religious test applies.
- Must convert to hold office
No religious test applies.
- Can only hold state office
Atheists can hold any office.
- Must declare a religion
No declaration is required.
Explanation: Atheists can hold any office.
Question 10: The clause separates _____ from government.
Fill in the blank(s):
Blank 1: religion
Options: religion, church, faith, belief
Explanation: The clause separates religion from government.
Debt Assumption - Quick Quiz
New government honored Confederation debts
Question 1: Article VI addressed debts from:
Answer options:
- The Articles of Confederation period (Correct answer)
Revolutionary War debts were assumed.
- Future wars only
Past debts were assumed.
- State debts only
National debts were assumed.
- Private debts
Government debts were assumed.
Explanation: The new government honored Confederation debts.
Question 2: The new government chose to:
Answer options:
- Honor existing debts to establish creditworthiness (Correct answer)
Debt assumption built trust.
- Cancel all debts
Debts were assumed.
- Transfer debts to states
The federal government assumed them.
- Ignore the debts entirely
Debts were honored.
Explanation: Debts were honored to establish creditworthiness.
Question 3: Debt assumption helped:
Answer options:
- Establish the new nations financial credibility (Correct answer)
Credit was essential.
- Bankrupt the new nation
It built credibility.
- Punish the states
It helped the nation.
- Create new debts
It addressed existing debts.
Explanation: It helped establish the nation credit.
Question 4: Pre-Constitution debts remained _____.
Fill in the blank(s):
Blank 1: valid
Options: valid, binding, enforceable, honored
Explanation: Pre-Constitution debts remained valid.
Question 5: Alexander Hamilton debt plan involved:
Answer options:
- Federal assumption of state Revolutionary War debts (Correct answer)
Hamiltons plan consolidated debts.
- Canceling all debts
Debts were assumed, not canceled.
- Ignoring state debts
State debts were assumed.
- Paying debts with gold only
Various methods were used.
Explanation: Hamilton wanted federal assumption of state debts.
Question 6: The government honored _____ debts.
Fill in the blank(s):
Blank 1: Confederation
Options: Confederation, Revolutionary, prior, existing
Explanation: The government honored Confederation debts.
Question 7: Debt assumption was controversial because:
Answer options:
- Some states had already paid their debts (Correct answer)
Southern states objected.
- No one wanted to pay
The issue was fairness.
- Foreign nations objected
Objections were domestic.
- It was unconstitutional
It was authorized by Article VI.
Explanation: Some states had paid their debts already.
Question 8: Assumption established national _____.
Fill in the blank(s):
Blank 1: credit
Options: credit, credibility, reputation, standing
Explanation: Assumption established national credit.
Question 9: The Compromise of 1790 resolved debt assumption by:
Answer options:
- Moving the capital to the Potomac in exchange for assumption (Correct answer)
A political bargain was struck.
- Canceling all debts
Debts were assumed.
- Dividing debts equally
The capital location was the compromise.
- Letting each state decide
Federal assumption occurred.
Explanation: The capital moved south in exchange for assumption.
Question 10: Debt assumption reflected commitment to _____ obligations.
Fill in the blank(s):
Blank 1: honoring
Options: honoring, fulfilling, meeting, keeping
Explanation: Debt assumption reflected commitment to honoring obligations.
State Judge Obligation - Quick Quiz
State judges must follow federal Constitution
Question 1: State judges are bound by:
Answer options:
- The U.S. Constitution and federal law (Correct answer)
State judges must follow federal law.
- Only their state constitution
Federal law is also binding.
- Only local ordinances
Federal law applies.
- Nothing at all
Multiple sources bind judges.
Explanation: State judges must follow federal law.
Question 2: State courts must apply:
Answer options:
- Federal constitutional rights in state cases (Correct answer)
Federal rights apply in state courts.
- Only state law
Federal law also applies.
- Whatever they prefer
They must follow federal law.
- Only criminal law
Federal law applies broadly.
Explanation: State courts apply federal constitutional rights.
Question 3: The state judge obligation ensures:
Answer options:
- Uniform application of federal law nationwide (Correct answer)
Federal law applies everywhere.
- State control over federal law
Federal law is uniform.
- Judicial independence from all law
Judges are bound by law.
- State superiority
Federal law is supreme.
Explanation: It ensures uniform application of federal law.
Question 4: State judges must follow the federal _____.
Fill in the blank(s):
Blank 1: Constitution
Options: Constitution, government, law, system
Explanation: State judges must follow the federal Constitution.
Question 5: If state law conflicts with federal law, state judges must:
Answer options:
- Apply federal law over conflicting state law (Correct answer)
Federal law prevails.
- Apply state law
Federal law prevails.
- Refuse to decide
Judges must decide.
- Ask the governor
Judges apply the law.
Explanation: State judges must apply federal law.
Question 6: State courts are _____ by federal law.
Fill in the blank(s):
Blank 1: bound
Options: bound, governed, controlled, directed
Explanation: State courts are bound by federal law.
Question 7: The Supreme Court can review state court decisions on:
Answer options:
- Federal constitutional questions (Correct answer)
Federal questions are reviewable.
- All state law questions
Only federal questions.
- Nothing
Federal questions are reviewable.
- Only criminal cases
Civil cases too.
Explanation: Federal questions can be reviewed.
Question 8: State judge obligation creates _____ enforcement.
Fill in the blank(s):
Blank 1: uniform
Options: uniform, consistent, equal, standard
Explanation: State judge obligation creates uniform enforcement.
Question 9: Without state judge obligation:
Answer options:
- Federal rights could be ignored in some states (Correct answer)
Uniformity would be lost.
- Nothing would change
Uniformity depends on the obligation.
- Federal courts would close
Federal courts would continue.
- States would be more unified
Uniformity would decrease.
Explanation: Federal rights could vary by state.
Question 10: State judges take oaths to the _____.
Fill in the blank(s):
Blank 1: Constitution
Options: Constitution, nation, government, federal system
Explanation: State judges take oaths to the Constitution.
Vertical Federalism - Quick Quiz
Hierarchy between federal and state law
Question 1: Vertical federalism describes:
Answer options:
- The hierarchy between federal and state governments (Correct answer)
Federal is above state in hierarchy.
- Relations between states
That is horizontal federalism.
- Local government only
Vertical includes federal-state.
- International relations
Federalism is domestic.
Explanation: The relationship between federal and state governments.
Question 2: In vertical federalism, federal law is:
Answer options:
- At the top of the hierarchy (Correct answer)
Federal law prevails.
- Equal to state law
Federal is superior.
- Below state law
Federal is superior.
- Not part of the system
Federal law is supreme.
Explanation: Federal law is at the top.
Question 3: Vertical federalism helps resolve:
Answer options:
- Conflicts between federal and state law (Correct answer)
The hierarchy resolves conflicts.
- Disputes between states only
That is horizontal federalism.
- Personal disputes
Federalism is about governments.
- International conflicts
Federalism is domestic.
Explanation: It resolves conflicts between levels.
Question 4: Vertical federalism creates a _____ structure.
Fill in the blank(s):
Blank 1: hierarchical
Options: hierarchical, layered, tiered, ranked
Explanation: Vertical federalism creates a hierarchical structure.
Question 5: The Supremacy Clause establishes:
Answer options:
- The vertical relationship between federal and state law (Correct answer)
Federal law is supreme.
- State supremacy
Federal law is supreme.
- Equality between levels
A hierarchy exists.
- No relationship at all
The relationship is hierarchical.
Explanation: It establishes vertical federalism.
Question 6: Federal law sits _____ state law.
Fill in the blank(s):
Blank 1: above
Options: above, over, superior to, higher than
Explanation: Federal law sits above state law.
Question 7: Vertical federalism differs from confederation because:
Answer options:
- The federal government is superior, not dependent on states (Correct answer)
Federal power is supreme.
- States are completely independent
States are subordinate in conflicts.
- There is no federal government
The federal government exists and is supreme.
- All governments are equal
A hierarchy exists.
Explanation: The federal government is superior, not subordinate.
Question 8: The hierarchy ensures _____ resolution.
Fill in the blank(s):
Blank 1: conflict
Options: conflict, dispute, legal, orderly
Explanation: The hierarchy ensures conflict resolution.
Question 9: Without vertical federalism:
Answer options:
- States could nullify federal law at will (Correct answer)
Chaos would result.
- The system would be stronger
The system would weaken.
- Courts would have more power
Courts would have less clear rules.
- Nothing would change
The hierarchy is essential.
Explanation: States could nullify federal law.
Question 10: Vertical federalism preserves _____ unity.
Fill in the blank(s):
Blank 1: national
Options: national, federal, constitutional, legal
Explanation: Vertical federalism preserves national unity.
Constitutional Supremacy - Quick Quiz
Even federal laws must comply with Constitution
Question 1: Constitutional supremacy means:
Answer options:
- The Constitution is above all other law (Correct answer)
Nothing is higher.
- Congress makes supreme law
Congress is bound by Constitution.
- States are supreme
The Constitution is supreme.
- The President is supreme
The Constitution is supreme.
Explanation: The Constitution is above all other law.
Question 2: Even federal laws must comply with:
Answer options:
- The Constitution (Correct answer)
Constitutional limits apply to Congress.
- State preferences
Federal law prevails over states.
- Popular opinion
The Constitution controls.
- Presidential wishes
The Constitution controls.
Explanation: Federal laws must comply with the Constitution.
Question 3: Judicial review enforces:
Answer options:
- Constitutional supremacy by striking down unconstitutional laws (Correct answer)
Courts protect constitutional limits.
- Congressional supremacy
Courts limit Congress.
- State supremacy
Federal Constitution is supreme.
- Executive supremacy
Courts limit the executive.
Explanation: Courts ensure laws comply with the Constitution.
Question 4: The Constitution is the _____ law.
Fill in the blank(s):
Blank 1: highest
Options: highest, supreme, ultimate, fundamental
Explanation: The Constitution is the highest law.
Question 5: Constitutional supremacy means Congress cannot:
Answer options:
- Violate constitutional limits even by unanimous vote (Correct answer)
The Constitution binds even supermajorities.
- Pass any laws
Congress can pass constitutional laws.
- Propose amendments
Amendments can change the Constitution.
- Override presidential vetoes
Veto overrides are constitutional.
Explanation: Congress cannot violate constitutional limits.
Question 6: Supremacy applies to _____ branches.
Fill in the blank(s):
Blank 1: all
Options: all, every, each, the
Explanation: Supremacy applies to all branches.
Question 7: The Constitution limits:
Answer options:
- All branches of federal and state government (Correct answer)
Everyone is bound by the Constitution.
- Only the President
All branches are bound.
- Only Congress
All branches are bound.
- Only courts
All branches are bound.
Explanation: The Constitution limits all government power.
Question 8: Constitutional supremacy creates _____ limits.
Fill in the blank(s):
Blank 1: binding
Options: binding, enforceable, legal, constitutional
Explanation: Constitutional supremacy creates binding limits.
Question 9: The Bill of Rights enforces constitutional supremacy by:
Answer options:
- Prohibiting government from violating individual rights (Correct answer)
Rights limit government.
- Giving government unlimited power
Rights limit government.
- Making states supreme
Rights limit all governments.
- Eliminating federal courts
Courts enforce rights.
Explanation: Rights limit government power.
Question 10: Supremacy protects _____ from government.
Fill in the blank(s):
Blank 1: citizens
Options: citizens, individuals, rights, people
Explanation: Supremacy protects citizens from government.
Interposition/Nullification - Quick Quiz
Rejected theory that states can invalidate federal law
Question 1: Nullification is the theory that states can:
Answer options:
- Declare federal laws void within their borders (Correct answer)
Nullification asserts state power over federal law.
- Amend the Constitution
Amendments require the process.
- Secede from the Union
Secession is different.
- Override court decisions
That is a different claim.
Explanation: Nullification claims states can void federal law.
Question 2: The Supremacy Clause effectively:
Answer options:
- Rejects the nullification theory (Correct answer)
Federal law is supreme.
- Supports nullification
Federal law is supreme.
- Is silent on nullification
Supremacy contradicts nullification.
- Allows occasional nullification
Nullification is rejected.
Explanation: Nullification was rejected.
Question 3: John C. Calhoun advocated:
Answer options:
- State nullification of federal tariffs (Correct answer)
Calhoun led the nullification movement.
- Federal supremacy
Calhoun opposed federal power.
- Abolition of slavery
Calhoun defended slavery.
- Strong national government
Calhoun supported state power.
Explanation: Calhoun promoted nullification.
Question 4: Nullification has been _____ rejected.
Fill in the blank(s):
Blank 1: consistently
Options: consistently, repeatedly, always, uniformly
Explanation: Nullification has been consistently rejected.
Question 5: The Nullification Crisis of 1832 was resolved when:
Answer options:
- Congress lowered the tariff and Jackson threatened force (Correct answer)
Compromise ended the crisis.
- South Carolina won
Nullification was not validated.
- The Supreme Court ruled for states
The Court rejected nullification.
- States formed a new government
The Union continued.
Explanation: Compromise lowered tariffs.
Question 6: Interposition claims states can _____ federal action.
Fill in the blank(s):
Blank 1: block
Options: block, stop, prevent, nullify
Explanation: Interposition claims states can block federal action.
Question 7: Cooper v. Aaron rejected:
Answer options:
- State interposition against Brown v. Board of Education (Correct answer)
Federal court orders must be obeyed.
- School integration
The case supported integration.
- Federal supremacy
The case affirmed supremacy.
- State court authority
State courts were not the issue.
Explanation: The case rejected state resistance to desegregation.
Question 8: Nullification is considered _____ doctrine.
Fill in the blank(s):
Blank 1: rejected
Options: rejected, discredited, invalid, unconstitutional
Explanation: Nullification is considered rejected doctrine.
Question 9: Modern attempts to resist federal law are:
Answer options:
- Also unconstitutional under the Supremacy Clause (Correct answer)
Nullification remains invalid.
- Valid because times have changed
The Constitution still applies.
- Supported by the Supreme Court
Courts reject nullification.
- Required by the Constitution
The Constitution prohibits nullification.
Explanation: Modern resistance is also unconstitutional.
Question 10: States cannot _____ federal law.
Fill in the blank(s):
Blank 1: nullify
Options: nullify, void, invalidate, reject
Explanation: States cannot nullify federal law.
Conflict Preemption - Quick Quiz
State law invalid if it contradicts federal law
Question 1: Conflict preemption occurs when:
Answer options:
- State law directly conflicts with federal law (Correct answer)
Direct conflict triggers preemption.
- States and federal government agree
Agreement does not trigger preemption.
- Federal law is silent
Conflict requires federal action.
- States choose to be preempted
Conflict is involuntary.
Explanation: State and federal law directly conflict.
Question 2: When compliance with both state and federal law is impossible:
Answer options:
- Federal law prevails and state law is void (Correct answer)
Federal law is supreme.
- State law prevails
Federal law is supreme.
- Both laws are void
Federal law continues.
- Courts flip a coin
Federal law prevails.
Explanation: Federal law prevails.
Question 3: Obstacle preemption applies when state law:
Answer options:
- Stands as an obstacle to federal objectives (Correct answer)
Obstacles are preempted.
- Supports federal goals
Support does not trigger preemption.
- Is identical to federal law
Identical laws do not conflict.
- Was passed first
Timing does not determine preemption.
Explanation: State law obstructs federal objectives.
Question 4: Conflict preemption renders state law _____.
Fill in the blank(s):
Blank 1: void
Options: void, invalid, null, unenforceable
Explanation: Conflict preemption renders state law void.
Question 5: Physical impossibility preemption means:
Answer options:
- You cannot physically comply with both laws at once (Correct answer)
Direct conflict is impossible to resolve.
- The laws are both difficult
Impossibility is the test.
- Enforcement is expensive
Cost is not the issue.
- Courts are unavailable
Courts resolve preemption.
Explanation: You cannot comply with both laws simultaneously.
Question 6: Conflicting state law is _____.
Fill in the blank(s):
Blank 1: preempted
Options: preempted, overridden, superseded, displaced
Explanation: Conflicting state law is preempted.
Question 7: Geier v. American Honda found conflict between:
Answer options:
- State tort law and federal vehicle safety regulations (Correct answer)
Federal safety goals were obstructed.
- State and federal criminal law
The case was about tort and safety law.
- Environmental regulations
The case was about vehicle safety.
- Tax laws
The case was about safety.
Explanation: State tort law conflicted with federal safety standards.
Question 8: Conflict analysis examines whether _____ is possible.
Fill in the blank(s):
Blank 1: compliance
Options: compliance, obedience, conformity, adherence
Explanation: Analysis examines whether compliance is possible.
Question 9: When federal law sets a minimum standard:
Answer options:
- States may often exceed it without conflict (Correct answer)
Exceeding minimums is usually allowed.
- States cannot regulate at all
States can exceed minimums.
- Federal law is void
Federal law remains valid.
- Conflict always exists
Exceeding minimums often permitted.
Explanation: States can often exceed minimums.
Question 10: Conflict preemption protects federal _____.
Fill in the blank(s):
Blank 1: policy
Options: policy, objectives, goals, interests
Explanation: Conflict preemption protects federal policy.
Historical Context
Under the [Articles of Confederation](https://www.archives.gov/milestone-documents/articles-of-confederation), states simply ignored federal decisions they disliked. The Supremacy Clause fixed that—but with a critical limitation. It applies only to laws "made in pursuance" of the Constitution. Chief Justice Marshall used this phrase in [*Marbury v. Madison* (1803)](https://www.oyez.org/cases/1789-1850/5us137) to establish judicial review: if Congress passes a law that conflicts with the Constitution, that law isn't supreme because it wasn't made in pursuance of it. The ban on religious tests was radical for 1787. Seven states required Protestant Christianity for officeholders at ratification. Maryland required belief in Christianity. New Jersey required belief in God. North Carolina's 1776 state constitution barred anyone who denied "the being of God or the truth of the Protestant religion" from holding office—a provision that remained until 1868. The federal ban applied only to federal offices at first. [*Torcaso v. Watkins* (1961)](https://www.oyez.org/cases/1960/373) finally applied the religious test ban to state offices through the Fourteenth Amendment, striking down Maryland's requirement that notaries public declare belief in God. England's [Test Acts](https://avalon.law.yale.edu/17th_century/england.asp) had required office-holders to affirm Protestant doctrine and take Anglican communion. The Founders' explicit rejection of this model meant the United States—unlike England—would have no established creed for public service from the start.
How This Shows Up Today
- Texas border standoff (2024): Governor challenged federal immigration authority
- Sanctuary cities: Do states have to help enforce federal immigration law?
- Cannabis legalization: State laws conflict with federal Controlled Substances Act
- Environmental regulations: Federal EPA standards preempt weaker state rules
- January 6th prosecutions: Oath violations invoked in insurrection cases
- Religious test controversies: Senators questioning nominees' religious beliefs
- Treaty obligations: Paris Climate Agreement's status after U.S. withdrawal and rejoining
- Gun law preemption: Do federal laws override state assault weapon bans?
Discussion Questions8
Never, under the Supremacy Clause. Federal law prevails over conflicting state law. States can't nullify federal law—this was settled by the Civil War. However, states can decline to help enforce federal law (anti-commandeering doctrine) and can challenge federal laws in federal court. Non-cooperation is constitutional; nullification isn't.
The current situation is legally unstable. States have legalized what federal law prohibits. Federal enforcement discretion has allowed state programs to operate, but this could change with any administration. Banking, taxation, and interstate commerce remain problematic. Resolution requires Congress to either enforce prohibition or change federal law.
No—the anti-commandeering doctrine prevents Congress from requiring state officers to enforce federal programs. Sanctuary city policies are constitutional under Printz v. United States (1997). However, the federal government can use funding conditions to encourage cooperation (within limits) and can enforce immigration law directly through federal agents.
The clause prohibits requiring religious oaths for office. It doesn't bar asking about religious beliefs that might affect official duties. Questions about whether religious beliefs would override legal obligations are arguably legitimate. However, questions designed to disqualify based on faith alone would violate the clause's spirit if not its letter.
No. This theory was rejected in the 1830s (South Carolina's nullification crisis) and definitively in the Civil War. Only federal courts can determine constitutionality. States can challenge laws in court, decline to assist enforcement, and lobby for change. But unilateral nullification isn't constitutionally permitted.
Treaties and federal statutes have equal status under the Supremacy Clause—the later in time prevails (last-in-time rule). This means Congress can effectively override treaties by passing conflicting legislation. This creates tension with international obligations. Some constitutional scholars argue treaties should have special status; current doctrine doesn't give them one.
No. This theory was rejected in the 1830s (South Carolina's nullification crisis) and definitively in the Civil War. Only federal courts can determine constitutionality. States can challenge laws in court, decline to assist enforcement, and lobby for change. Unilateral state nullification isn't constitutionally permitted.
Treaties and federal statutes have equal status under the Supremacy Clause—the later in time prevails (last-in-time rule). Congress can effectively override treaties by passing conflicting legislation. This creates tension with international obligations. Some constitutional scholars argue treaties should have special status. Current doctrine gives them none.
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