{"id":31060,"date":"2016-04-04T20:33:52","date_gmt":"2016-04-05T01:33:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/article6.html"},"modified":"2024-08-02T13:08:25","modified_gmt":"2024-08-02T18:08:25","slug":"article6","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/article6.html","title":{"rendered":"Article VI – Supremacy and Oaths"},"content":{"rendered":"\n
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\n \n Article VI of the U.S. Constitution\n <\/h1>\n \n Oaths of Office and the Supremacy Clause\n <\/p>\n <\/div>\n<\/div>\n\n\n
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\n By Laura Temme, Esq.<\/a> | Legally reviewed by Joseph Fawbush, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n\n

Article VI of the Constitution of the United States served three\u00a0distinct and vital\u00a0functions when the Framers drafted it:<\/p>\n

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  1. \n

    Ensured that the new government created by the Constitution would pay the debts incurred by the previous government under the Articles of Confederation<\/p>\n<\/li>\n

  2. \n

    Established\u00a0the Constitution and federal laws made under it as the “supreme law of the land”\u00a0<\/p>\n<\/li>\n

  3. \n

    Forbid religious tests for government officials as a condition of their position\u00a0<\/p>\n<\/li>\n<\/ol>\n

    The second of these three functions, known as the “supremacy clause,”<\/a> is a fundamental\u00a0pillar of constitutional law. It means that (in most cases)\u00a0if a federal law conflicts with state law, the federal law\u00a0“wins.” The third clause, the religious test clause, ensures that our federal government has a separation of church and state.<\/p>\n

    What Does Article VI Say?<\/h2>\n

    Article VI of the U.S. Constitution states:<\/p>\n

    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.<\/i><\/p>\n

    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.<\/i><\/p>\n

    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.<\/i><\/p>\n

    The History of Article VI<\/h2>\n

    The supremacy clause<\/a>\u00a0was a significant change from the Articles of Confederation<\/a>. 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.<\/p>\n

    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\u00a0Article I<\/a>\u00a0and\u00a0Article II<\/a>, the country needed a strong federal government to keep the states in check.<\/p>\n

    The Constitutional Convention<\/h3>\n

    The Constitutional Convention of 1787<\/a>\u00a0allowed these leaders to develop a strong central government despite their experiences with King George III.<\/p>\n

    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.<\/p>\n

    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.<\/p>\n

    Two plans\u2014the Virginia large state plan and New Jersey’s small state plans–generated considerable debate during the Convention.<\/p>\n

    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.<\/p>\n

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

    The Connecticut Compromise<\/h3>\n

    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\u2014legislative, executive, and judicial\u2014would ensure a system of checks and balances so that no one branch could become more powerful than the others.<\/p>\n

    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.<\/p>\n

    The New U.S. Constitution<\/h3>\n

    In addition to laying the foundation for a strong Congress and creating the Bill of Rights<\/a>, 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:<\/p>\n