Just as television coverage of current news can “anticipate” programs that would otherwise be broadcast, overly valid federal laws may prejudge state law that would otherwise apply. This is the basis on which all other laws are built and legally established. For the United States of America, the supreme law of the land is its Constitution, its federal laws and all treaties, unless they are in direct contradiction with the Constitution itself. In 1920, the Supreme Court applied the supremacy clause to international treaties, which in Missouri v. Holland, 252 U.S. 416, states that the federal government`s ability to enter into treaties is primarily the concern of states that such treaties might override the rights of states under the Tenth Amendment. In der Rechtssache McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819), the Supreme Court considered a tax levied by Maryland on the federally established Bank of the United States. The court noted that if a state had the power to impose a federally constituted institution, the state did have the power to destroy the federal institution, thwarting the intent and purpose of Congress. In this way, the states would look at the federal government. The court found that this would be inconsistent with the supremacy clause, which makes federal law superior to state law.

The court therefore found that the Maryland tax on the bank was unconstitutional because the tax violated the supremacy clause. First, the supremacy clause contains the Constitution`s most explicit references to what lawyers call “judicial review” – the idea that even properly enacted laws do not provide decision-making rules for the courts to the extent that the laws are unconstitutional. Some scholars say that the supremacy clause`s reference to “U.S. laws to be made in accordance with [the Constitution]” itself implies this idea; In their view, a federal law is not “made in accordance with [the Constitution]” unless the Constitution actually authorizes Congress to do so. Other scholars say that this sentence simply refers to the legislative process described in section I and does not necessarily distinguish between properly enacted federal laws that are constitutionally compliant and properly enacted federal laws that do not. But no matter how one analyzes that specific sentence, the supremacy clause undoubtedly describes the Constitution as a “law” of the kind that the courts apply. This is a pillar of the argument for judicial review. In addition, the supremacy clause explicitly states that the Constitution binds the judges of each state despite the state`s contrary laws. The Constitution also attracts supporters of all visions.

The preamble speaks of “We, the people of the United States.” The U is capitalized, and it looks like a single national body – until you dig deeper and learn that the original project listed the thirteen states (“We, the people of the states of New Hampshire, Massachusetts, Rhode Island, and Providence Plantations. “) with the list eventually omitted for stylistic reasons and to avoid embarrassment when some states rejected the Constitution (as Rhode Island initially did). Federalists, on the other hand, can point out that in the Constitution, the term “United States” is always treated as a plural noun. In recent decades, the Supreme Court has become somewhat more sensitive to these issues. As early as 1992, Justice Kennedy wrote that “your decisions justify that a high threshold must be reached if a state law is to be anticipated for the purposes of a federal law.” More recently, Roberts C.J. quoted this statement with approval, and Both Justices Alito and Sotomayor cited the quote from Roberts C.J. Meanwhile, Justice Thomas completely rejected the hines formulation. .