Supreme Law of the Land

Definition

The term 'supreme law of the land' refers to the Constitution of the United States, which holds the highest authority in legal matters. This principle establishes that federal laws take precedence over state laws and that treaties made under the authority of the United States are also included in this hierarchy. Understanding this term is crucial, especially when examining how European contact and colonization influenced Native American tribal sovereignty and the legal frameworks that emerged from these interactions.

5 Must Know Facts For Your Next Test

1. The Constitution was ratified in 1788 and establishes itself as the supreme law of the United States, meaning no law or state constitution can contradict it.
2. The phrase 'supreme law of the land' is found in Article VI of the Constitution, emphasizing that federal laws, treaties, and the Constitution itself take precedence over state laws.
3. European colonization led to treaties being made with Native American tribes, which were often disregarded by state governments, complicating tribal sovereignty under the supreme law.
4. The principle of 'supreme law of the land' has been a point of contention regarding tribal rights, as many tribes argue their treaty rights should be upheld despite state interference.
5. Land disputes and governance issues arise when state laws conflict with tribal sovereignty claims, highlighting the ongoing struggle for recognition under the supreme law.

Review Questions

• How does the concept of 'supreme law of the land' impact the relationship between federal and state laws regarding Native American tribes?
  • 'Supreme law of the land' establishes that federal law overrides state law. This is significant for Native American tribes because treaties made with them by the federal government should theoretically hold more weight than conflicting state laws. However, in practice, states have often challenged tribal sovereignty, leading to complex legal battles about jurisdiction and governance.
• In what ways did European contact and colonization challenge or redefine the principles associated with 'supreme law of the land' in relation to tribal sovereignty?
  • European contact brought a new legal framework that often disregarded existing tribal governance systems. Treaties were made with Native American tribes that acknowledged their sovereignty but were frequently broken or ignored by states. This inconsistency illustrates how colonial powers altered legal interpretations surrounding 'supreme law of the land,' often prioritizing expansionist policies over respect for tribal treaties and rights.
• Evaluate how historical treaties between Native American tribes and the federal government illustrate tensions related to 'supreme law of the land' in contemporary legal contexts.
  • Historical treaties serve as foundational documents affirming tribal sovereignty; however, their enforcement has been inconsistent due to state challenges and changes in federal policy. The tensions arise when modern-day conflicts involve interpretation of these treaties against current laws deemed as 'supreme.' As courts continue to navigate these complexities, they highlight ongoing struggles over jurisdiction, governance rights, and recognition of tribal sovereignty under what is legally considered supreme law.

Related terms

Federalism: A system of government where power is divided between a central authority and constituent political units, such as states or provinces.

Tribal Sovereignty: The inherent authority of indigenous tribes to govern themselves within their territories, which can sometimes conflict with state and federal laws.

Treaty Rights: Legal rights established through treaties between tribes and the federal government, which can impact the jurisdiction and sovereignty of tribal nations.