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Answer
Yes, when you argue a case in court you have to cite legal precedents. The Constitution and the laws passed by Congress along with the interpretations of those laws by the Court (all Courts, not just the Supreme Court) constitute the law.
When courts disagree or a decision is appealed to a court the decision of the highest court becomes the new standard. The Supreme Court is the highest standard.
Answer
Yes and no. Usually the "Supreme Law of the Land" refers to the Constitution of the United States. According to Article VI, Section 2 of the Constitution, however, the "Supreme Law of the Land" means "This Constitution, and the laws of the United States which shall be made in pursuance thereof." We usually take this to mean enacted laws, or laws made by a legislative body, like Congress, but it can also mean common law, or laws made as a result of judicial decisions.
Supreme Court decisions make common law, which is enforceable and carries the rule of law, so it must also be in compliance with the Constitution. In that sense, rulings by the Supreme Court could be considered part of the "Supreme Law of the Land," as long as they are constitutionally sound.
Article VI, Section 2 (Supremacy Clause)
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, anything in the Constitution or laws of any State to the contrary notwithstanding.
For more information, see Related Questions, below.
Yes, when you argue a case in court you have to cite legal precedents. The Constitution and the laws passed by Congress along with the interpretations of those laws by the Court (all Courts, not just the Supreme Court) constitute the law.
When courts disagree or a decision is appealed to a court the decision of the highest court becomes the new standard. The Supreme Court is the highest standard.
Answer
Yes and no. Usually the "Supreme Law of the Land" refers to the Constitution of the United States. According to Article VI, Section 2 of the Constitution, however, the "Supreme Law of the Land" means "This Constitution, and the laws of the United States which shall be made in pursuance thereof." We usually take this to mean enacted laws, or laws made by a legislative body, like Congress, but it can also mean common law, or laws made as a result of judicial decisions.
Supreme Court decisions make common law, which is enforceable and carries the rule of law, so it must also be in compliance with the Constitution. In that sense, rulings by the Supreme Court could be considered part of the "Supreme Law of the Land," as long as they are constitutionally sound.
Article VI, Section 2 (Supremacy Clause)
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, anything in the Constitution or laws of any State to the contrary notwithstanding.
For more information, see Related Questions, below.
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No. According to Article VI of the Constitution, the Constitution is the "supreme law of the land." The US Supreme Court is the highest appellate court in the United States, and has ultimate responsibility and authority for interpreting the Constitution.
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Continue Learning about American Government
The Constitution of the US is the supreme?
Law of the Land
What is the highest court in the US?
The US Supreme Court is the highest court in the US. Each state has its own Supreme Court, but the US Supreme Court is the end of the line.
What is the Supreme Courts main job?
The main job of the Supreme Court is to uphold the US Constitution. It is the highest court in the US and its job is to interpret the meaning of the law.
What court declares the final word on the constitutionality of a state law?
The [State] Supreme Court (or its equivalent) has final authority unless the question being addressed in the state constitution conflicts with the US Constitution, in which case the US Supreme Court has final authority.
What part of the us constitution makes it clear that it is the supreme law of the land?
Article VI, Clause 2 states that the US Constitution is the supreme law of the land. It is also known as the Supremacy Clause.
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