Article VI: The supreme law of the land

Article VI has three paragraphs and one of them, the Supremacy Clause, is the hinge of the whole legal system. It's why federal law beats California law and why both beat a Williams ordinance. It also requires every state official, including city officials, to swear to support the U.S. Constitution, and bans religious tests for federal office.

The text

[Clause 1] 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.

[Clause 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; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

[Clause 3] 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.

Source: National Archives transcription Verified1

Clause 1: Old debts

Debts the United States owed under the Articles of Confederation stay valid under the Constitution. It reassured creditors that the new government would pay.

Clause 2: The Supremacy Clause

What it says. "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties ... 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."

Two limits are in the text. Only laws made "in Pursuance" of the Constitution are supreme. A federal statute beyond Congress's powers isn't. And the clause binds "the Judges in every State," which is why a California court must follow federal law over a conflicting state statute.

How courts read it: preemption. Federal law displaces state and local law in three ways:

1. Express: the federal statute says so.
2. Field: Congress has occupied a whole field.
3. Conflict: it's impossible to comply with both, or the state law "is an obstacle to the accomplishment and execution of Congress's full purposes and objectives" (Crosby v. National Foreign Trade Council, 530 U.S. 363 (2000)) Verified2. In Crosby, a Massachusetts law restricting state purchases from companies doing business with Burma was preempted by federal sanctions.

In Arizona v. United States (2012), the Court held several provisions of Arizona's immigration law preempted (Arizona v. United States, 567 U.S. 387 (2012)) Verified3.

How courts read it: anti-commandeering. Supremacy has a limit that protects states and cities. "We held in New York that Congress cannot compel the States to enact or enforce a federal regulatory program. Today we hold that Congress cannot circumvent that prohibition by conscripting the State's officers directly. The Federal Government may neither issue directives requiring the States to address particular problems, nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program" (Printz v. United States, 521 U.S. 898 (1997)) Verified4. See also New York v. United States, 505 U.S. 144 (1992) Verified5 and Murphy v. National Collegiate Athletic Assn., 584 U.S. 453 (2018), which applied the same rule to a federal law barring states from authorizing sports gambling Verified6.

Judges are bound. Every state judge, and every state official, must follow the U.S. Supreme Court's reading of the Constitution (Cooper v. Aaron, 358 U.S. 1 (1958)) Verified7.

Clause 3: The oath and no religious test

The oath. Members of Congress, state legislators, and "all executive and judicial Officers, both of the United States and of the several States" must be bound by oath to support the Constitution.

No religious test. "No religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." This text covers federal office. States are covered through the First and Fourteenth Amendments: Maryland's rule requiring "a declaration of belief in the existence of God" for office was struck down when it was used to deny a notary's commission (Torcaso v. Watkins, 367 U.S. 488 (1961)) Verified8.

How it reaches Williams

Directly. The Supremacy Clause puts the U.S. Constitution and valid federal law above every Williams ordinance, resolution, policy and permit condition Verified1. "Officers ... of the several States" includes city officials, who take an oath to support both constitutions under California's Article XX, §3 Verified9.

In Williams

• Federal law beats city law. If a city rule conflicts with a valid federal statute or regulation, the city rule gives way Verified2.
• But the federal government can't draft city staff. Under Printz, Washington can't order Williams staff to enforce a federal program; it can offer money with conditions instead (see Spending Clause) Verified4.
• The ladder continues below. California law also beats Williams law where they conflict, but under California's own constitution (Article XI, §7), not Article VI. See Supremacy and preemption.

Common misconceptions

• "Federal law always wins." Only valid federal law made "in Pursuance" of the Constitution.
• "Federal law can make the city enforce federal rules." Printz says no Verified4.
• "The Supremacy Clause makes state law beat city law." It covers federal over state. State over city comes from California's constitution.

Check yourself

Pick an answer for each question. You will see right away if it is right, and why.