The Constitutional Minute #13: What is to be considered to be the Law of the Land?

If the Supreme Court decides a case, is it to be considered the “Law of the Land”? We hear this all the time.

Nope! Read on.

Article VI, clause 2 of our Constitution (below) addresses this.

“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.”

 So!! Only those laws and treaties that are in accordance with – in pursuance of – our Constitution are to be considered “supreme”!!.

The second clause (above) defines the “supreme Law of the Land” as the (1) Constitution, (2) acts of Congress authorized by the Constitution, and (3) Treaties which are authorized by the Constitution.

Supreme Court opinions aren’t included! The Supreme Court is not superior to the Constitution, contrary to what we are told.

So!  When the Supreme Court decides cases contrary (NOT pursuant) to the Constitution, they are guilty of usurpation of power, and thus vulnerable to impeachment!

Does Roe versus Wade come to mind?


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Bob Hilliard