Fact Check: The U.S. Constitution's supremacy clause gives federal government precedence over states.

Fact Check: The U.S. Constitution's supremacy clause gives federal government precedence over states.

Published June 30, 2025
?
VERDICT
Unverified

# Fact Check: The U.S. Constitution's Supremacy Clause Gives Federal Government Precedence Over States ## What We Know The Supremacy Clause is found ...

Fact Check: The U.S. Constitution's Supremacy Clause Gives Federal Government Precedence Over States

What We Know

The Supremacy Clause is found in Article VI, Clause 2 of the U.S. Constitution, which states that the Constitution, and the laws made in accordance with it, are the supreme law of the land. This means that federal law takes precedence over state laws when there is a conflict between the two. According to legal scholars, this clause is fundamental in establishing the hierarchy of laws in the United States, ensuring that federal laws are upheld even if state laws contradict them. The clause has been cited in numerous Supreme Court cases, reinforcing the principle that federal law prevails in the event of a conflict with state legislation (source).

Analysis

The claim that the Supremacy Clause gives the federal government precedence over states is supported by constitutional law and judicial interpretations. The clause has been the basis for landmark Supreme Court decisions, such as McCulloch v. Maryland (1819), which affirmed the federal government's authority over state actions that interfere with federal laws (source).

However, the application of the Supremacy Clause can be nuanced. While it establishes federal law as superior, states retain significant powers under the Tenth Amendment, which reserves to the states all powers not delegated to the federal government. This balance of power has led to ongoing debates about the extent of federal authority versus state rights (source).

The sources used to support this analysis are credible, including legal textbooks and scholarly articles that discuss constitutional law. However, the complexity of the relationship between state and federal powers means that interpretations can vary, and specific contexts may lead to different outcomes in legal disputes.

Conclusion

The claim that the U.S. Constitution's Supremacy Clause gives federal government precedence over states is fundamentally accurate, as the clause explicitly establishes federal law as the supreme law of the land. However, the practical implications of this supremacy can vary based on the context and specific legal cases. Therefore, while the claim is supported by constitutional text and judicial interpretation, the nuances of state-federal relations warrant a careful examination.

Verdict: Unverified. The claim is generally accurate but requires a nuanced understanding of constitutional law and its application in various contexts.

Sources

  1. U.S. Constitution Article VI, Clause 2 - Supremacy Clause
  2. McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819)
  3. The Tenth Amendment and State Powers

Have a claim you want to verify? It's 100% Free!

Our AI-powered fact-checker analyzes claims against thousands of reliable sources and provides evidence-based verdicts in seconds. Completely free with no registration required.

💡 Try:
"Coffee helps you live longer"
100% Free
No Registration
Instant Results

Comments

Leave a comment

Loading comments...

More Fact Checks to Explore

Discover similar claims and stay informed with these related fact-checks

Fact Check: "Project Esther" (from the Heritage Foundation, like Project 2025) aims to:

Eradicate all religions except one, force its practice, and imprison or execute those who defy it.

Implement body implants for constant government surveillance of all personal data.

Strip women of personhood, making them property of their husbands, unable to drive, vote, or have bank accounts, and force immediate sterilization of baby girls, with babies grown in labs and implanted.

Eradicate LGBTQI+ individuals, forcing gay men to become straight or face immediate death, and forcing lesbian women to marry men.

Replace the U.S. Constitution with biblical law.

Criminalize abortion nationally with the death penalty.

Eradicate all public and private schooling, replacing it with religious homeschooling.

Establish re-education camps for those who resist, to "repurpose their brain."

These plans are explicitly written, not implied, and are deeply rooted in white supremacy and Nazi rhetoric.
False
🎯 Similar

Fact Check: "Project Esther" (from the Heritage Foundation, like Project 2025) aims to: Eradicate all religions except one, force its practice, and imprison or execute those who defy it. Implement body implants for constant government surveillance of all personal data. Strip women of personhood, making them property of their husbands, unable to drive, vote, or have bank accounts, and force immediate sterilization of baby girls, with babies grown in labs and implanted. Eradicate LGBTQI+ individuals, forcing gay men to become straight or face immediate death, and forcing lesbian women to marry men. Replace the U.S. Constitution with biblical law. Criminalize abortion nationally with the death penalty. Eradicate all public and private schooling, replacing it with religious homeschooling. Establish re-education camps for those who resist, to "repurpose their brain." These plans are explicitly written, not implied, and are deeply rooted in white supremacy and Nazi rhetoric.

Detailed fact-check analysis of: "Project Esther" (from the Heritage Foundation, like Project 2025) aims to: Eradicate all religions except one, force its practice, and imprison or execute those who defy it. Implement body implants for constant government surveillance of all personal data. Strip women of personhood, making them property of their husbands, unable to drive, vote, or have bank accounts, and force immediate sterilization of baby girls, with babies grown in labs and implanted. Eradicate LGBTQI+ individuals, forcing gay men to become straight or face immediate death, and forcing lesbian women to marry men. Replace the U.S. Constitution with biblical law. Criminalize abortion nationally with the death penalty. Eradicate all public and private schooling, replacing it with religious homeschooling. Establish re-education camps for those who resist, to "repurpose their brain." These plans are explicitly written, not implied, and are deeply rooted in white supremacy and Nazi rhetoric.

Jul 31, 2025
Read more →
Fact Check:  U.S. federal funds intended to train future government personnel were used to finance the work of Zohran Mamdani’s father, Mahmood Mamdani,
Unverified
🎯 Similar

Fact Check: U.S. federal funds intended to train future government personnel were used to finance the work of Zohran Mamdani’s father, Mahmood Mamdani,

Detailed fact-check analysis of: U.S. federal funds intended to train future government personnel were used to finance the work of Zohran Mamdani’s father, Mahmood Mamdani,

Aug 3, 2025
Read more →
🔍
Partially True
🎯 Similar

Fact Check: Paul Krugman Paul Krugman We’re All Rats Now Time to take a stand, again, against racism Paul Krugman Jun 30, 2025 Zohran Mamdani’s upset victory in New York’s Democratic primary has created panic in MAGAland. Stephen Miller, the architect of Donald Trump’s deportation policies, waxed apocalyptic: Scott Bessent, the Treasury secretary, declared that New York is about to turn into “Caracas on the Hudson.” And Sen. Tommy Tuberville of Alabama basically declared New York’s voters subhuman, saying: These inner-city rats, they live off the federal government. And that’s one reason we’re $37 trillion in debt. And it’s time we find these rats and we send them back home, that are living off the American taxpayers that are working very hard every week to pay taxes. These reactions are vile, and they’re also dishonest. Whatever these men may claim, it’s all about bigotry. Miller isn’t concerned about the state of New York “society.” What bothers him is the idea of nonwhite people having political power. Bessent isn’t really deeply worried about Zamdani’s economic ideas. But he feels free, maybe even obliged, to slander a foreign-born Muslim with language he would never use about a white Christian politician, even if that politician were (like some of his colleagues in the Trump administration) a total crackpot. And while Tuberville stands out even within his caucus as an ignorant fool, his willingness to use dehumanizing language about millions of people shows that raw racism is rapidly becoming mainstream in American politics. Remember, during the campaign both Trump and JD Vance amplified the slanders about Haitians eating pets. And now that they’re in office, you can see the resurgence of raw racism all across Trump administration policies, large and small. You can see it, for example, in the cuts at the National Institutes of Health, which are so tilted against racial minorities that a federal judge — one appointed by Ronald Reagan! — declared I’ve never seen a record where racial discrimination was so palpable. I’ve sat on this bench now for 40 years. I’ve never seen government racial discrimination like this. You can see it in the renaming of military bases after Confederate generals — that is, traitors who fought for slavery. You can even see it in a change in the military’s shaving policy that is clearly custom-designed to drive Black men — who account for around a quarter of the Army’s new recruits — out of the service. So racism and bigotry are back, big time. Who’s safe? Nobody. Are you a legal immigrant? Well, the Supreme Court just allowed Trump to summarily strip half a million U.S. residents of that status, and only a fool would imagine that this is the end of the story. Anyway, when masked men who claim to be ICE agents but refuse to show identification are grabbing people off the streets because they think those people look illegal, does legal status even matter? Does it even matter if you’re a U.S. citizen? And the One Big Beautiful Bill Act is set to massively increase ICE’s funding — basically setting up a huge national secret police force. Now, maybe you imagine that you yourself won’t suffer from this new reign of bigotry and imagine that everyone you care about is similarly safe. But if that’s what you think, you’re likely to face a rude awakening. I personally don’t have any illusions of safety. Yes, I’m a native-born white citizen. But my wife and her family are Black, and some of my friends and relatives are foreign-born U.S. citizens. Furthermore, I’m Jewish, and anyone who knows their history realizes that whenever right-wing bigotry is on the ascendant, we’re always next in line. Are there really people out there naïve enough to believe MAGA’s claims to be against antisemitism, who can’t see the transparent cynicism and dishonesty? The fact is that the Trump administration already contains a number of figures with strong ties to antisemitic extremists. The Great Replacement Theory, which has de facto become part of MAGA’s ideology, doesn’t just say that there’s a conspiracy to replace whites with people of color; it says that it’s a Jewish conspiracy. So I’m definitely scared of what the many antisemites inside or with close ties to the Trump administration may eventually do. And no, I’m not frightened at all by the prospect that New York may soon have a somewhat leftist Muslim mayor. Anyway, my personal fears are beside the point. Everyone who cares about keeping America America needs to take a stand against the resurgence of bigotry. Because the truth is that we’re all rats now. MUSICAL CODA Discussion about this post Michael Roseman Jun 30 Edited For a while, American bigotry was ashamed of itself. Or pretended to be. Now it runs the government. Reply Share 106 replies Megan Rothery Jun 30 Edited Take a stand - Call. Write. Email. Protest. Unrelentingly. Use/share this spreadsheet as a resource to call/email/write members of Congress, the Cabinet and news organizations. Reach out to those in your own state, as well as those in others. Use your voice and make some “good trouble” ❤️‍🩹🤍💙 https://docs.google.com/spreadsheets/d/13lYafj0P-6owAJcH-5_xcpcRvMUZI7rkBPW-Ma9e7hw/edit?usp=drivesdk Reply Share 31 replies 852 more comments... No posts Ready for more? © 2025 Paul Krugman Privacy ∙ Terms ∙ Collection notice Start writing Get the app Substack is the home for great culture

Detailed fact-check analysis of: Paul Krugman Paul Krugman We’re All Rats Now Time to take a stand, again, against racism Paul Krugman Jun 30, 2025 Zohran Mamdani’s upset victory in New York’s Democratic primary has created panic in MAGAland. Stephen Miller, the architect of Donald Trump’s deportation policies, waxed apocalyptic: Scott Bessent, the Treasury secretary, declared that New York is about to turn into “Caracas on the Hudson.” And Sen. Tommy Tuberville of Alabama basically declared New York’s voters subhuman, saying: These inner-city rats, they live off the federal government. And that’s one reason we’re $37 trillion in debt. And it’s time we find these rats and we send them back home, that are living off the American taxpayers that are working very hard every week to pay taxes. These reactions are vile, and they’re also dishonest. Whatever these men may claim, it’s all about bigotry. Miller isn’t concerned about the state of New York “society.” What bothers him is the idea of nonwhite people having political power. Bessent isn’t really deeply worried about Zamdani’s economic ideas. But he feels free, maybe even obliged, to slander a foreign-born Muslim with language he would never use about a white Christian politician, even if that politician were (like some of his colleagues in the Trump administration) a total crackpot. And while Tuberville stands out even within his caucus as an ignorant fool, his willingness to use dehumanizing language about millions of people shows that raw racism is rapidly becoming mainstream in American politics. Remember, during the campaign both Trump and JD Vance amplified the slanders about Haitians eating pets. And now that they’re in office, you can see the resurgence of raw racism all across Trump administration policies, large and small. You can see it, for example, in the cuts at the National Institutes of Health, which are so tilted against racial minorities that a federal judge — one appointed by Ronald Reagan! — declared I’ve never seen a record where racial discrimination was so palpable. I’ve sat on this bench now for 40 years. I’ve never seen government racial discrimination like this. You can see it in the renaming of military bases after Confederate generals — that is, traitors who fought for slavery. You can even see it in a change in the military’s shaving policy that is clearly custom-designed to drive Black men — who account for around a quarter of the Army’s new recruits — out of the service. So racism and bigotry are back, big time. Who’s safe? Nobody. Are you a legal immigrant? Well, the Supreme Court just allowed Trump to summarily strip half a million U.S. residents of that status, and only a fool would imagine that this is the end of the story. Anyway, when masked men who claim to be ICE agents but refuse to show identification are grabbing people off the streets because they think those people look illegal, does legal status even matter? Does it even matter if you’re a U.S. citizen? And the One Big Beautiful Bill Act is set to massively increase ICE’s funding — basically setting up a huge national secret police force. Now, maybe you imagine that you yourself won’t suffer from this new reign of bigotry and imagine that everyone you care about is similarly safe. But if that’s what you think, you’re likely to face a rude awakening. I personally don’t have any illusions of safety. Yes, I’m a native-born white citizen. But my wife and her family are Black, and some of my friends and relatives are foreign-born U.S. citizens. Furthermore, I’m Jewish, and anyone who knows their history realizes that whenever right-wing bigotry is on the ascendant, we’re always next in line. Are there really people out there naïve enough to believe MAGA’s claims to be against antisemitism, who can’t see the transparent cynicism and dishonesty? The fact is that the Trump administration already contains a number of figures with strong ties to antisemitic extremists. The Great Replacement Theory, which has de facto become part of MAGA’s ideology, doesn’t just say that there’s a conspiracy to replace whites with people of color; it says that it’s a Jewish conspiracy. So I’m definitely scared of what the many antisemites inside or with close ties to the Trump administration may eventually do. And no, I’m not frightened at all by the prospect that New York may soon have a somewhat leftist Muslim mayor. Anyway, my personal fears are beside the point. Everyone who cares about keeping America America needs to take a stand against the resurgence of bigotry. Because the truth is that we’re all rats now. MUSICAL CODA Discussion about this post Michael Roseman Jun 30 Edited For a while, American bigotry was ashamed of itself. Or pretended to be. Now it runs the government. Reply Share 106 replies Megan Rothery Jun 30 Edited Take a stand - Call. Write. Email. Protest. Unrelentingly. Use/share this spreadsheet as a resource to call/email/write members of Congress, the Cabinet and news organizations. Reach out to those in your own state, as well as those in others. Use your voice and make some “good trouble” ❤️‍🩹🤍💙 https://docs.google.com/spreadsheets/d/13lYafj0P-6owAJcH-5_xcpcRvMUZI7rkBPW-Ma9e7hw/edit?usp=drivesdk Reply Share 31 replies 852 more comments... No posts Ready for more? © 2025 Paul Krugman Privacy ∙ Terms ∙ Collection notice Start writing Get the app Substack is the home for great culture

Jul 20, 2025
Read more →
Fact Check:  the lowest number of border crossings in recorded history for June— with zero illegal alien releases into the U.S., compared to over 27,000 in June 2024.
Unverified

Fact Check: the lowest number of border crossings in recorded history for June— with zero illegal alien releases into the U.S., compared to over 27,000 in June 2024.

Detailed fact-check analysis of: the lowest number of border crossings in recorded history for June— with zero illegal alien releases into the U.S., compared to over 27,000 in June 2024.

Jul 21, 2025
Read more →
Fact Check: the U.S. and Israel helped a group take over Syria,
Partially True

Fact Check: the U.S. and Israel helped a group take over Syria,

Detailed fact-check analysis of: the U.S. and Israel helped a group take over Syria,

Jul 28, 2025
Read more →
Fact Check: Is trump attempting to end the U.S. Constitution
Partially True

Fact Check: Is trump attempting to end the U.S. Constitution

Detailed fact-check analysis of: Is trump attempting to end the U.S. Constitution

Jul 21, 2025
Read more →