Article VI of the U.S. Constitution

Article VI of the Constitution of the United States served three distinct and vital functions when the Framers drafted it:

1. Ensured that the new government created by the Constitution would pay the debts incurred by the previous government under the Articles of Confederation

2. Established the Constitution and federal laws made under it as the "supreme law of the land" 

3. Forbid religious tests for government officials as a condition of their position 

The second of these three functions, known as the "supremacy clause," is a fundamental pillar of constitutional law. It means that (in most cases) if a federal law conflicts with state law, the federal law "wins." The third clause, the religious test clause, ensures that our federal government has a separation of church and state.

What Does Article VI Say?

Article VI of the U.S. Constitution states:

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.

The History of Article VI

The supremacy clause was a significant change from the Articles of Confederation. Under the Articles, state laws superseded federal law. However, the supremacy clause declares the opposite: that the Constitution is the law of the land, and federal laws take priority over state laws.

James Madison argued that they needed this change to balance power between the federal and state governments. He believed that since states had all powers not explicitly granted to the federal government by Article I and Article II, the country needed a strong federal government to keep the states in check.

The Constitutional Convention

The Constitutional Convention of 1787 allowed these leaders to develop a strong central government despite their experiences with King George III.

The aftermath of the Articles of Confederation was troubling. Congress at that time was weak. States could establish their own trade agreements without consideration of the impact on other states. Congress could not collect taxes; instead, individual states voluntarily donated funds. In other words, young America was a chaotic mess.

Although the Constitutional Convention led to the creation of the U.S. Constitution, the delegates did not intend to create a new Constitution. Instead, this Constitutional Convention aimed to fix the issues with the Articles of Confederation. The Convention lasted 17 weeks, and the delegates proposed a new form of government.

Two plans—the Virginia large state plan and New Jersey's small state plans--generated considerable debate during the Convention.

The large-state plan proposed abolishing the Articles of Confederation and replacing it with a bicameral Congress based on population. Under the Virginia Plan, larger states would have greater representation in Congress.

By contrast, the small-state plan proposed one house of Congress (unicameral) in which all states enjoyed equal representation.

The Connecticut Compromise

The Connecticut Compromise offered a solution to the conflict between small and large states: a new national government with three branches of government. These branches of government—legislative, executive, and judicial—would ensure a system of checks and balances so that no one branch could become more powerful than the others.

Under the Connecticut Compromise, Congress received two elected houses: the Senate and the House of Representatives. The Convention delegates based the composition of the House of Representatives on the population of each state. Article I, Section III, Paragraph I of the new Constitution ensured smaller states would have equal representation in the Senate. Every state would have two senators. These concessions helped ensure the Constitution's ratification.

The New U.S. Constitution

In addition to laying the foundation for a strong Congress and creating the Bill of Rights, the delegates also established executive and judicial branches of this new form of government. The executive branch included a president and a vice president. The new Constitution granted the following powers to the executive branch:

• Designated commander-in-chief of the military

• To appoint domestic officers and Supreme Court justices

• To veto legislative bills

The new Constitution also created the judicial branch, which included the Supreme Court. The Supreme Court had original and appellate jurisdiction, meaning they could hear direct cases and cases on appeal.

Chief Justice John Marshall clarified the role of the Supreme Court in Marbury v. Madison. Marbury established the Court's role as the final authority on the U.S. Constitution. It also declared that the Supreme Court has the power to declare acts of Congress unconstitutional.

The Supremacy Clause

The Supremacy Clause was necessary to help establish this new, balanced form of government. Chief Justice Marshall ensured the Supremacy Clause would be the final authority in Constitutional Law in McCulloch v. Maryland.

McCulloch involved a conflict between a Maryland state law and a federal law concerning banking. Lower courts sided with Maryland, but the Court ruled in favor of the federal government because it recognized that Congress had the power to make necessary and proper laws.

Oaths of Office

Article VI, Clause 3 (also known as the religious test clause) requires both state and federal officials to take an oath where they promise to uphold the United States Constitution. That includes state legislators, judges, and magistrates.

However, Article VI also bans the use of religious tests or oaths for government office - keeping in line with the Framers' desire to separate church and state. Interestingly, each branch of our federal government has its own oath.

Executive Branch Oaths of Office

Before most officials in our federal government can assume their position, they must take an oath of office, swearing allegiance to the Constitution. This does not include the President, Vice President, members of Congress, and the Judiciary. In Article II, Section I, Clause 8, the Constitution outlines a specific oath of office for the President, as follows:

"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

This oath is specific to the President. The Vice-President takes the same oath of office as members of the legislative branch during their swearing-in ceremony:

 "I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same: that I take this obligation freely, without any mental reservation or purpose of evasion, and I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God."

This expanded oath of office was developed at the onset of the Civil War. Until 1861, the oath of office for government officials simply stated:

 "I do solemnly swear (or affirm) that I will support the Constitution of the United States."

This oath changed in 1861 at the onset of the Civil War because President Abraham Lincoln had concerns about shifting loyalties within the executive branch.

Legislative Branch Oaths of Office

Legislative branch members, like our Senators, take the following oath: 

"I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take      this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God."

Supreme Court Justices' Oaths of Office

Supreme Court justices take two oaths. First, they take the same constitutional oath as members of Congress. They also take a judicial oath, as stated in 28 U.S.C. § 453:

"I, ____, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ______ under the Constitution and laws of the United States. So help me God."

Each branch of office appears to take oaths based on how they will serve the American people.