Question

Which section of Article VI of the Constitution states that when federal and state laws come into conflict with each other, ultimate authority is given to federal laws?
A) Eminent Domain
B) Supremacy Clause
C) Public Domain
D) Sovereignty Clause
E) Elastic Clause

Answer 1

Hint: It is mentioned in paragraph 2 of Article VI of the U.S. Constitution and dictates that federal law is the "supreme law of the land.” However, it does not permit the federal government to review or veto state laws before they come into effect.

Complete answer:
Article Six of the U.S. Constitution states that the Constitution, and any laws or treaties the United States might make, will be the country’s most important laws. It also says that the U.S. will pay debts from prior to the Constitution was written. Finally, it says that the U.S. government’s members have to swear that they will obey the Constitution.

Option A) Eminent Domain: It refers to the government’s power to take private property and convert it into public use. The Fifth Amendment states that the government may only implement this power if they provide just compensation to the owners of the property. Thus, this option is incorrect.

Option B) Supremacy Clause: It is Paragraph 2 of Article VI of the U.S. Constitution, which is commonly known as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, supersede state laws, and even state constitutions. It forbids states from interfering with the federal government’s exercise of its constitutional powers, and from assuming any functions that are solely assigned to the federal government. However, it does not permit the federal government to review or veto state laws before they come into effect. Thus, it is the correct option.

Option C) Public Domain: This refers to the areas where creative materials are not safeguarded or protected by intellectual property laws like copyright, trademark, or patent laws. These works are owned by the public and not an individual artist or author. A public domain work can be used by anyone without acquiring permission, but no one can ever own it. Thus, this option is incorrect.

Option D) Sovereignty Clause: Sovereignty does not have a clause of its own, but it is proclaimed in the Preamble of the U.S. Constitution. It has also been discussed in Article VII (which gives all the states the power to approve a law) and in Article V (which provides the means to amend the Constitution through elected representatives of the citizens. Thus, this option is also incorrect.

Option E) Elastic Clause: This provision is called so because it expanded the powers of Congress, especially when national laws and state laws come into conflict. The concluding paragraph of Article I, Section 8, provides Congress the power “to make all laws which shall be required and proper for carrying into implementation the foregoing powers.” Thus, this option is incorrect.

Thus, the correct answer is Option ‘B’ i.e, Supremacy Clause states that when federal and state laws come into conflict with each other, ultimate authority is provided to federal laws.

Note: Not only does the federal government have express powers under the U.S. Constitution, it also has ‘implied powers’, i.e. powers which are not specifically mentioned in the Constitution. However, state law is accepted, in the absence of federal law, or when a state law would provide more protections for consumers, employees, and other residents than what the existing federal law would provide.