Supremacy Clause in the context of "Territories of the United States"

⭐ In the context of Territories of the United States, the Supremacy Clause impacts these areas by establishing federal jurisdiction, but how does the source of self-governing power in territories fundamentally differ from that of U.S. states and federally recognized Native American tribes?

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⭐ Core Definition: Supremacy Clause

The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers that are delegated to it by the Constitution. It is the responsibility of the United States Supreme Court in that case to exercise the power of judicial review: the ability to invalidate a statute for violating a provision of the Constitution.

The Supremacy Clause is essentially a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with federal law. Some jurists further argue that the clause also nullifies federal law that is in conflict with the Constitution, although this is disputed. The Supremacy Clause follows Article XIII of the Articles of Confederation, the predecessor of the Constitution, which provided that "Every State shall abide by the determination of the [Congress], on all questions which by this confederation are submitted to them."

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👉 Supremacy Clause in the context of Territories of the United States

Territories of the United States are subnational geographical and political areas governed as administrative divisions and dependent territories under the sovereignty of the United States. Despite all being subject to the constitutional and territorial jurisdiction of the U.S. federal government, territories differ from states and Indian reservations in that they are not inherently sovereign. While states have dual sovereignty and Native American tribes have tribal sovereignty in relation to the federal government, the self-governing powers of territories ultimately derive from the U.S. Congress, as per the Territorial Clause in Article IV of the U.S. Constitution. Territories are classified as "organized" or "unorganized" depending on whether they operate under an organic act, and "incorporated" or "unincorporated" depending on whether the U.S. Constitution applies fully or partially to them. As areas belonging to, but not integral parts of, the U.S., territories are their own distinct nations centered around a collective identity based on their land, history, ethnicity, culture, and language.

All territories of the U.S. are insular areas. The U.S. has sovereignty over three archipelagos or islands in the Caribbean Sea and eleven in the Pacific Ocean. Five territories (American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands) are permanently inhabited, unincorporated territories; the other nine are small islands, atolls, and reefs with no native (or permanent) population. Of the 14, only one is classified as an incorporated territory (Palmyra Atoll). Two additional territories (Bajo Nuevo Bank and Serranilla Bank) are claimed by the U.S. but administered by Colombia. Historically, territories were created to administer newly acquired land, and most eventually attained statehood. The most recent territory to become a U.S. state was Hawaii on August 21, 1959.

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Supremacy Clause in the context of Constitution of the United States

The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally including seven articles, the Constitution defined the foundational structure of the federal government.

The drafting of the Constitution by many of the nation's Founding Fathers, often referred to as its framing, was completed at the Constitutional Convention, which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787. Influenced by English common law and the Enlightenment liberalism of philosophers like John Locke and Montesquieu, the Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into the legislative, bicameral Congress; the executive, led by the president; and the judiciary, within which the Supreme Court has apex jurisdiction. Articles IV, V, and VI embody concepts of federalism, describing the rights and responsibilities of state governments, the states in relationship to the federal government, and the process of constitutional amendment. Article VII establishes the procedure used to ratify the constitution.

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Supremacy Clause in the context of State constitution (United States)

In the United States of America, each state has its own written constitution. The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law.

The Tenth Amendment to the United States Constitution (part of the Bill of Rights) provides that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The Guarantee Clause of Article 4 of the Constitution states that "The United States shall guarantee to every State in this Union a Republican Form of Government." These two provisions indicate states did not surrender their wide latitude to adopt a constitution, the fundamental documents of state law, when the U.S. Constitution was adopted.

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Supremacy Clause in the context of Constitution of Puerto Rico

The Constitution of the Commonwealth of Puerto Rico (Spanish: ConstituciĂłn del Estado Libre Asociado de Puerto Rico, lit. 'Constitution of the Free Associated State of Puerto Rico') is the primary organizing law for the unincorporated U.S. territory of Puerto Rico, describing the duties, powers, structures, and functions of the local government of Puerto Rico and its relation with the U.S. in nine articles. Established under the Puerto Rico Federal Relations Act of 1950, it was approved by the residents of the archipelago and island in a constitutional referendum on March 3, 1952, ratified by the U.S. Congress as per Pub. L. 82–447 on July 3, 1952, and proclaimed into effect by Governor Luis Muñoz MarĂ­n on July 25, 1952, which is celebrated as Constitution Day. As the constitution of a U.S. territory, it is bound by the U.S. Constitution.

The Constitution of Puerto Rico established the Commonwealth of Puerto Rico, which succeeded the insular government that operated under two organic acts: the Foraker Act from 1900 to 1917 and the Jones–Shafroth Act from 1917 to 1952. With the ratification of the constitution in 1952, the full authority and responsibility for the local government of Puerto Rico was vested in the residents of Puerto Rico, resulting in complete self-governance within the archipelago and island.

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