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Home Legal Updates

Which Article Proclaims the Constitution as the Highest Law?

Lucas Leo by Lucas Leo
March 1, 2025
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Which Article Proclaims the Constitution as the Highest Law
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Discover which article proclaims the Constitution as the highest law and understand its significance in shaping legal frameworks.

I would wonder as a child: What is it exactly, really, that makes a country stick together? The leaders, or perhaps the population, or is it the laws? My interest in this caused me to major in political science, and one thing that quickly came to be known to me is that a country is founded upon its Constitution. The catch is, however—the laws are not equal. Some are more powerful than others, and at the top is the supreme law.

So, if you have ever asked yourself, “Which article proclaims the Constitution as the highest law?”, welcome to this space. In this article, I shall clarify it for you in simple English, in easy and simple steps using real-life examples, simple and easy-to-understand analogies, and personal experience to make it click.

Table of Contents

  • Understanding The Highest Law in The Nation
  • Which Article Proclaims the Constitution as the Highest Law?
  • Why Does the Supremacy Clause Matter?
  • Real-Life Examples of the Supremacy Clause in Action
  • How Other Countries Implement Constitutional Supremacy
  • Why Should You Be Interested in This?
  • FAQs
  • Final Thoughts
  • Additional Resources

Understanding The Highest Law in The Nation

Before we proceed to read the actual article, let us briefly answer a main question:

What is the supreme law of the land?

In each state, the Constitution is the basis for all laws. It establishes the form and structure of the government, delineates citizens’ rights, and is the final arbiter in matters of law. Neither state nor locally passed laws can override the Constitution.

Think of it like this:

Think about playing a board game with some mates. The rulebook is definitive. The house rules can’t be in contradiction to what is in there. Similarly, in a country, there is a Constitution as a rulebook and there are no laws outside it.

But where does it say this in the Constitution? Let us go and read.

Which Article Proclaims the Constitution as the Highest Law?

In the US Constitution, this is specifically articulated in Article VI, in the clause referred to as the Supremacy Clause.

Breaking Down Article VI – The Supremacy Clause

Article VI of the United States Constitution states:

“This Constitution, and the laws of the United States passed in pursuance thereof; and all treaties made, or to be made, under the authority of the United States, shall be the supreme Law of the Land.”

What does this mean?

  • The Constitution is superior – It is not possible for another enactment to override it.
  • Federal laws override state laws – In cases involving conflicts between state laws and federal laws, state laws are overridden by federal laws.
  • Treaties entered into in the name of the US Government are equally supreme – It makes foreign agreements legally binding.

Why Does the Supremacy Clause Matter?

Now, perhaps you are thinking, “Okay, but why does this matter?”

1. Avoiding Legal Disruption

Imagine if each state could just pass its own laws without following the Constitution. It would be like each football player in a game making up his or her own rules—it would be a mess! The Supremacy Clause ensures consistency across the entire country.

2. Protecting Citizens’ Rights

For instance, if a state enacted a bill aimed at limiting free speech, as free speech is protected in the Constitution in the form of the First Amendment, the state bill would be invalid. Article VI makes sure individual rights are not overridden.

3. Reining in Government Power

The Constitution can’t be overlooked by the federal government. Even Congress and the President are subject to limitations. It bars dictator-like governance and ensures democracy functions as planned.

Real-Life Examples of the Supremacy Clause in Action

Real-Life Examples of the Supremacy Clause in Action
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For better explanation, let us have a look at real cases in which Article VI applied.

1. McCulloch v. Maryland (1819)

In this context, Maryland tried to tax a federal bank. The state could not tax a federal one as federal law is superior as established in Article VI. It created a precedent for state and federal relationships.

2. Brown v. Board of Education (1954)

Before this case, there had been segregated schools in some states. The Supreme Court ruled, however, that segregation was in violation of the Constitution’s Equal Protection Clause. Since there is a Supremacy Clause, all states had to comply, even if they had established laws for segregation at first.

How Other Countries Implement Constitutional Supremacy

While Article VI is specific to the United States, many other countries also declare their Constitution as the highest law. Here’s how:

CountryArticle Declaring Constitutional Supremacy
United StatesArticle VI – Supremacy Clause
IndiaArticle 13 – Laws inconsistent with the Constitution are void
GermanyArticle 20 – The Constitution has ultimate authority
South AfricaSection 2 – The Constitution is the supreme law
CanadaSection 52 of the Constitution Act, 1982 – Constitution is supreme

Why Should You Be Interested in This?

I remember learning about Article VI in college. My teacher would say to us, “What if there wasn’t constitutional supremacy?” That really caused me to wonder—if constitutional supremacy wasn’t in place, governments would be able to pass unjust laws without consequences.

Understanding this is not for politicians or for law students alone. It is for everyone. From rights as a citizen to application of laws, supremacy of the Constitution guarantees fairness, justice, and order.

Imagine being in a courtroom and being told by a judge, “Sorry, but in this state we don’t have to obey the Constitution.” That would be chilling, wouldn’t it? Thanks to Article VI, it can’t happen.

FAQs

1. What does Article VI of the U.S. Constitution state about constitutional supremacy?

Article VI in the United States Constitution encompasses the Supremacy Clause, as follows:

“This Constitution, and United States laws enacted in accordance therewith; and all treaties entered into, or to be entered into, in pursuance of the United States authority, shall be Law of the Land.”

That is, the Constitution and treaties as well as federal statutes are superior to state statutes. A state statute is null and void if it is in opposition to federal law or to the Constitution.

2. Why is the US system of law notable for having the Supremacy Clause?

The Supremacy Clause ensures there is a harmonized system across the entire country by:

  • Establishing The Constitution as The Highest Legal Authority
  • Halting States From Implementing Legislation That Disregards Federal Law
  • Granting final say in constitutional matters in courts at the federal level

This clause played a pivotal role in instances such as McCulloch v. Maryland (1819) and Brown v. Board of Education (1954), affirming federal supremacy in opposition to state statutes.

3. How does constitutional supremacy function in foreign countries?

Most countries have similar provisions making their Constitution superior or superior to all laws.

  • India – Article 13 declares that no law infringing upon the Constitution is valid.
  • Germany – Article 20 establishes supremacy for the Constitution.
  • South Africa – The Constitution is established as the supreme law in Section 2.
  • Canada – The Constitution Act, 1982, s. 52 allows for invalidation of laws incompatible with the Constitution.

Although in different terminology, there is no difference in principle: no enactment can override the Constitution.

4. Can a state refuse to follow federal law under Article VI?

Yes, no state can disobey a federal law if it is constitutional. The Supremacy Clause ensures that in instances involving state laws in conflict, federal law is superior. States can, however, appeal in court if they feel there is a federal law that is unconstitutional.

For example, in McCulloch v. Maryland (1819), the Court ruled state interference in federal institutions is not possible and asserted federal supremacy. Again, in Arizona v. United States (2012), the Court struck down state statutes on immigration in violation of federal law.

Final Thoughts

Therefore, in answering the main question: Which article proclaims the Constitution as the highest law?

Article Sixth declares the Constitution as the superior law. In the United States, it is Article VI, and specifically the Supremacy Clause. This simple yet forceful clause ensures no law can be superior to the Constitution and ensures the system is just and equal.

Next time someone is debating whether or not a state can override federal law, know who wins—the Constitution.

Additional Resources

Want to dive deeper? Check out these reliable resources:

  • The U.S. Constitution – National Archives
  • Legal Information Institute – Supremacy Clause
  • Brown v. Board of Education Case Summary
  • McCulloch v. Maryland Case Summary
Lucas Leo

Lucas Leo

Hi, I’m Lucas Leo, author and blogger at AccordingLaw.com. I’m passionate about delivering the latest legal news and updates according law to keep you informed. Join me as I explore and share insights into the ever-evolving world of law!

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