What does the Constitution identify as the 'supreme law of the land'?

The Constitution identifies itself as the "supreme law of the land." This is established in Article VI, Clause 2, which is known as the Supremacy Clause. It states that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land. Therefore, state laws and constitutions are subordinate to federal laws and the U.S. Constitution. If there is any conflict between federal law and state law, federal law must prevail.

The concept of the Supremacy Clause is fundamental to the structure of American government. It was an essential component in the establishment of a strong national government, as opposed to the weaker confederation that existed under the Articles of Confederation before the Constitution was ratified.

The Supremacy Clause ensures a hierarchical structure of laws, with the Constitution at the top, followed by federal statutes and treaties, and then state constitutions and laws. This hierarchy helps maintain consistency and avoids legal conflicts between states and the federal government.

In practice, the Supremacy Clause means that when state laws or court decisions contradict federal laws or the Constitution, the state measures must yield. The federal courts, including the Supreme Court, have the power to strike down state laws and regulations that are found to be in violation of the Constitution or federal laws. The ability of the judicial branch to review and nullify unconstitutional actions is known as judicial review, which was established in the landmark case Marbury v. Madison in 1803. Judicial review is another important aspect of ensuring that the Constitution remains the supreme law of the land.