Political Science

The Supremacy clause was included in the text of the United States Constitution to resolve the potential conflict that may arise should traditional practices of state sub-units run contrary to the provisions of the fundamental law. According to Article VI, Section 2, the United States Constitution is 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 (US Constitution). The text emphasizes that the Constitution reigns supreme and all possible legal controversy should be judged according to what is stated in the highest law.

The concept of federalism in the United States follows a coming together model so that the uniqueness and distinct political traditions, values, and principles of a state government are respected and harmonized with the general goals and aims of the federal government (Goodin, 1996). The supremacy of the Constitution is the uniting factor where possible inconsistencies between state laws and traditions are harmonize to conform to the supreme law. This arrangement, however, creates several potential conflicts. First, it has the tendency to undermine the authority and legitimacy of practices that are accepted as legal norms in a state. For instance, the practice of polygamy in Utah has been embraced since the establishment of the Mormon church and considered one of the basic foundations of their religion. Because the said tradition was repugnant to the monogamous marriage held sacred in the supreme law, the leaders of Utah were forced to abandon this principle in favor of statehood. Second, the supremacy clause has the tendency to erode historical and cultural loyalties which the citizens of a federal state may have toward their own state by virtue of shared experience as members. A supreme law is institutionally designed in a federalist state to guarantee that citizens abandon ethnocentric tendencies and feel an overarching loyalty to the federal government as a whole (Goodin, 1996). Third, considering that state units under a federation are not equal in power and resources, the democratic will of the majority (usually held by larger and wealthier states) may leave the state units no choice but to give up dearly held beliefs and traditions to retain allegiance to the federation.