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US Constitution study guide: Difference between revisions
→Article VI [Supremacy clause]
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==Article VI [Supremacy clause]== | ==Article VI [Debts. Supremacy clause, Oath of Office & no religious Test]== | ||
'''{Article 6 overview|Article 6 provides for: | |||
* transfer of debts from before the Constitution | |||
* the Constitution and federal laws enacted under it will be "supreme" over state laws | |||
* federal and state officers must take an oath to support the Constitution | |||
* there will be no "religious Test" for holding office}}''' | |||
All '''{{#tip-text:Debts contracted and Engagements entered into, before the Adoption of this Constitution|Assumption of Debts | |||
* a key point in adoption of the Constitution concerned the disposition of debts accrued by the states during and after the Revolution | |||
* in other words, the individual states and the government under the Articles of Confederation owed money | |||
* the Constitution affirmed that those debts could not be annulled, or canceled, by the change in form of the national government | |||
* the issue of "assumption" of debts was a deeply divisive political matter into Washington's first presidency, settled by the agreement to exchange "assumption" of state debts by the national government for placement of the nation's capital in the South (between Maryland and Virginia)}}''', 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. | 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, '''{{#tip-text:shall be the supreme Law of the Land|Supremacy clause: | ||
* affirmed that in case of any conflict between federal and state law, the federal law would prevail | |||
* = a transfer of sovereignty from the states to the federal government | |||
* however, that transfer of powers was to be to a "limited" federal government that itself was constrained by law, starting with the Constitution}}'''; 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, '''{{#tip-text:shall be bound by Oath or Affirmation, to support this Constitution|Oath of office | 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, '''{{#tip-text:shall be bound by Oath or Affirmation, to support this Constitution|Oath of office | ||
* = a similar oath to that required of the president | * = a similar oath to that required of the president | ||
* this oath is required of members of Congress and of state legislatures, as well as all judicial and executive branch officials (in Article VI)}}'''; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. | * this oath is required of members of Congress and of state legislatures, as well as all judicial and executive branch officials (in Article VI)}}'''; but '''{{#tip-text:no religious Test|"no religous Test: | ||
* protects from a requirement that to hold office one must adhere to a certain religion | |||
* this clause comes from the long colonial experience with religious dissent and freedom, as well as the long troubles in Britain over religious qualifications, as the British government had required not just that government officials belong to the Church of England, but that all citizens must attend its mass | |||
* the religious Test applies only to official offices, but it marks an important affirmation of the protection of religious freedom}}''' shall ever be required as a Qualification to any Office or public Trust under the United States.}}''' | |||
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== Article VII [Ratification]== | == Article VII [Ratification]== | ||