Article VI of VII · 1788

Article VI: The supreme law

Supreme law

About 1 min

The one-line version

The Constitution, federal laws, and treaties are the supreme law. Officials must swear to support the Constitution, and no religious test is allowed.

Plain English

Debts and agreements the United States made before this Constitution still count. They are just as valid as they were under the Articles of Confederation.

The Constitution, federal laws made under it, and U.S. treaties are "the supreme Law of the Land." Judges in every state must follow them, even if a state constitution or state law says something different.

Members of Congress, state lawmakers, and all federal and state officials must take an oath or affirmation to support the Constitution. No religious test can ever be required to hold a federal office.

Original text, 1788

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.

Phrase by phrase

All Debts contracted and Engagements entered into, before the Adoption of this Constitution
Debts and agreements from before the Constitution still count.
shall be the supreme Law of the Land
The Constitution, federal laws, and treaties are the highest law in the country.
the Judges in every State shall be bound thereby
State judges must follow federal law, even over their own state's laws.
shall be bound by Oath or Affirmation, to support this Constitution
Federal and state officials must promise to support the Constitution.
no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States
You can never be required to pass a religious test to hold a federal office.

Picture it

Example. Not legal advice.

A state passes a law that conflicts with a valid federal law. Someone challenges it in court. If the judge finds a real conflict, the federal law wins and the state law cannot be enforced.

Myth check

MythA state can cancel a federal law it disagrees with.

FactStates cannot nullify federal law. In Cooper v. Aaron (1958), the Court said states are bound by its rulings on the Constitution.

MythSupremacy means Congress can order state officials to enforce federal laws.

FactIn Printz v. United States (1997), the Court said Congress cannot order state officers to carry out a federal program.

MythOfficials must swear on a Bible.

FactThe text allows an affirmation, a promise with no religious words. No religious test is allowed for federal office.

Common questions

What does Article VI say in simple terms?

Article VI makes the Constitution, federal laws, and treaties the supreme law of the land. It keeps debts from before the Constitution. It requires officials to swear or affirm support for the Constitution and bans religious tests for federal office.

What is the supremacy clause?

It is the part of Article VI that makes the Constitution, valid federal laws, and treaties the supreme law of the land. When a valid federal law conflicts with a state law, the federal law wins. State judges must follow it.

Can a state ignore federal law?

No. States cannot nullify valid federal law. In Cooper v. Aaron (1958), the Court said state officials are bound by its rulings on the Constitution. But in Printz v. United States (1997), it said Congress cannot order state officers to carry out federal programs.

What is the No Religious Test Clause?

It says no one can be required to pass a religious test to hold federal office. A religious test is a rule that you must belong to, or swear to, a certain faith. Officials may also affirm instead of swear.

Go deeper

The scene · 1787

Under the Articles of Confederation, states often ignored national laws and treaties. The new country also owed large debts from the Revolutionary War. The delegates wanted national law to come first and old debts to be paid. Article VI did both.

Back then

States had passed laws that clashed with national treaties, including the peace treaty with Britain. Several states also had religious tests for state office. The writers made national law supreme and banned religious tests for federal office.

Words that changed
“Affirmation”

ThenA formal promise made without swearing to God.

NowThe same. It is still offered in courts and oaths of office.

“Engagements”

ThenAgreements or promises, like contracts.

NowUsually means a promise to marry. Here it means official agreements.

“religious Test”

ThenA rule that you must belong to, or swear to, a certain faith to hold office.

NowBanned for federal office by this clause.

Who argued what

Anti-Federalists

Making federal law supreme would let the national government overpower the states and their own constitutions.

Federalists

Without it, each state could ignore national laws, and the Constitution would mean nothing.

Key cases
  1. 1796

    Ware v. Hylton

    The peace treaty with Britain overrode a Virginia law about debts owed to British creditors.

  2. 1819

    McCulloch v. Maryland

    A state cannot tax a national bank, because federal law is supreme.

  3. 1958

    Cooper v. Aaron

    State officials are bound by the Supreme Court's rulings on the Constitution and could not resist school desegregation.

  4. 1997

    Printz v. United States

    Congress cannot order state officers to carry out a federal program.

More history and context

Article VI does three things.

It keeps old debts. The country owed large debts from the Revolutionary War. This clause made clear the new government would still pay what the old one owed.

It makes federal law supreme. This is the Supremacy Clause. When a valid federal law and a state law conflict, the federal law wins. This idea is called preemption, meaning federal law overrides state law. In McCulloch v. Maryland (1819), the Court used this clause to stop a state from taxing a national bank.

The Supremacy Clause also tells state judges to follow the Constitution over conflicting laws. It is often cited, along with Article III, as a basis for judicial review.

It requires an oath and bans religious tests. Officials must promise to support the Constitution. No one can be required to pass a religious test, such as swearing to a belief, to serve in federal office. In 1787 several states still had religious tests for state office. The First Amendment's religion clauses came later, in 1791.

The No Religious Test Clause limits the government only. It does not control private groups or how voters choose.

Quick check

Just for you. Nothing is saved.

1. A valid federal law and a state law conflict. Which one wins?
2. Can you be required to belong to a religion to hold federal office?
3. Who must swear or affirm to support the Constitution?

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