Article VI

National Supremacy

Section 1. Supremacy of the Constitution

This Constitution shall be the supreme law of the United States. All laws, treaties, and other acts of government shall derive their force and validity from this Constitution and shall remain subordinate to it.

Section 2. Supremacy of Lawful National Action

The laws of the United States enacted pursuant to this Constitution, and treaties made under the authority of the United States consistent with this Constitution, shall be the supreme law of the land. The judges in every state shall be bound thereby, anything in the constitution, laws, regulations, ordinances, or usages of any state, territory, or lesser jurisdiction to the contrary notwithstanding.

Section 3. No Supremacy for Unconstitutional Acts

No statute, treaty, executive order, regulation, administrative action, judicial decree, military order, or other act of government contrary to this Constitution shall have any legal force or claim to supremacy. No branch or officer of government may acquire lawful authority by acting beyond the powers granted by this Constitution.

Section 4. Hierarchy of Law

In all matters of public authority, the Constitution shall govern above all other law. Enactments of Congress consistent with this Constitution shall govern above regulations, executive orders, and administrative rules. No treaty, executive agreement, regulation, or other subordinate act may amend, override, diminish, or evade this Constitution or the rights secured by it.

Section 5. Protection of Reserved Powers

The supremacy of the United States shall extend only to those powers granted by this Constitution. Powers not delegated to the United States, nor prohibited by this Constitution to the states, are reserved to the states respectively, or to the people. National supremacy shall not be construed to authorize federal action outside the lawful scope of national power.

Section 6. Resolution of Conflicts of Law

Where a law of a state, territory, or lesser jurisdiction conflicts with a valid law of the United States enacted pursuant to this Constitution, the valid law of the United States shall prevail to the extent of the conflict. Where no such conflict exists, or where both laws may reasonably be given effect, each shall remain operative according to its proper sphere. Preemption shall not be implied lightly and shall be found only where the constitutional authority of the United States is clear and the conflict is direct, express, or unavoidable.

Section 7. Rights Superior to Governmental Claim

No claim of national supremacy, state sovereignty, administrative necessity, military necessity, emergency power, or public policy shall be used to suspend, narrow, impair, or evade any right secured by this Constitution except where this Constitution expressly permits such action. The rights of the people shall remain superior to all ordinary acts of government.

Section 8. Binding Effect Throughout the United States

This Constitution and the lawful authority arising under it shall bind the United States and every state, territory, district, possession, and all other civil jurisdictions subject to the authority of the United States. All future states admitted to the Union shall enter on equal footing with the existing states in dignity, authority, responsibility, and constitutional right.

Section 9. Duties of Judges and Public Officers

All legislative, executive, judicial, censorial, military, and civil officers of the United States, and of the several states and territories, shall be bound by oath or affirmation to support, obey, and defend this Constitution. Their first duty shall be to the Constitution and the people under it, and not to any party, office, department, superior, or private interest.

Section 10. Unconstitutional Orders

No officer or employee of the United States, or of any state, territory, district, or lesser jurisdiction, shall be required to enforce or obey a manifestly unconstitutional order, directive, or command. Obedience to such an order shall not by itself excuse a violation of this Constitution.

Section 11. International Agreements

Treaties and international agreements made under the authority of the United States shall have force within the United States only insofar as they are consistent with this Constitution. No treaty or international agreement may abridge the rights of the people, alter the structure of government established by this Constitution, or exercise powers not otherwise granted herein. Executive agreements shall not be used to bypass the lawmaking authority required by this Constitution.

Section 12. Judicial Duty in Supremacy Cases

In every case involving an asserted conflict between national and state authority, or between any law and this Constitution, courts shall determine first whether the challenged act is authorized by this Constitution, second whether an actual conflict exists, and third whether the laws may be reconciled without unnecessary displacement of lawful state authority. Courts shall preserve this Constitution as the highest rule of decision.

Section 13. Equal Obligation of Constitutional Government

No branch, department, agency, officer, state, or political subdivision shall declare itself supreme except as authorized by this Constitution. All institutions of government remain subordinate to the constitutional order, and all exercises of public power shall be judged by their fidelity to this Constitution.