Supreme Law of the Land

                The topic of discussion for this Constitution Monday comes from Article VI, Section 2:  “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….”  This clause is known as the Supremacy Clause and guarantees every American the right of to the protection of the Constitution and the laws.

                According to W. Cleon Skousen, there are three types of republics:  (1) The unitary republic that has a centralized government with “parliamentary supremacy” (England); (2) The confederation-of-states where several states are combined under a system of “state supremacy” (Netherlands, German states, and the USA under the Articles of Confederation); (3) A republic based on “constitutional supremacy” (USA).

                “To appreciate the difference between the first and third types, it is significant to note that the British Parliament can pass any law it wishes on any subject.  It even passes on the constitutionality of its own laws.  Furthermore, it is responsible for the well-being of the entire kingdom, top to bottom.  It is therefore called a `unitary republic.’  The United States, however, operates under the numerous restrictions of the Constitution.  No matter what Congress or the states might wish to do, they have to stay within the boundaries of the Constitution.  That is why the Founders are credited with the invention of a new kind of republic based on `constitutional supremacy.’  This makes the `supremacy clause’ the cornerstone of the whole American political structure.”  (See The Making of America – The Substance and Meaning of the Constitution, p. 657).

                Gary Lawson of The Heritage Foundation explained that any “federal system needs a strategy for dealing with potential conflicts between the national and local governments….

                “The Supremacy Clause embodies the third strategy.  It is a conflict-of-laws rule specifying that certain national acts take priority over any state acts that conflict with national law….

                “Federal statutes and other federal laws are, of course, `supreme’ only if made in pursuance of the Constitution….

                “The Supremacy Clause in its final form was adopted by the Convention without serious dissent….”  (See “Supremacy Clause,” The Heritage Guide to the Constitution, p. 291.)