The Constitution · Article VI
Article VI: Debts, Supremacy, and Oaths
About 10 min total: 5 min reading + 5 min for its 5 practice questions
Prior debts remain valid; the Constitution and federal law are supreme; officials swear an oath; no religious test.
- Signed
- September 17, 1787
- In effect
- Ratified June 21, 1788 (9th state); government began March 4, 1789
What's in Article VI
| Section | What it covers |
|---|---|
| — | Debts of the Confederation remain valid; the Supremacy Clause; oaths to support the Constitution; no religious test for office. |
Key clauses
Debts
"All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation."
The new government accepted the debts of the old one, protecting the nation's credit.
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"
When a valid federal law conflicts with a state law, the federal law wins.
Oath; no religious test
"but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."
Federal and state officials swear to support the Constitution, and no one can be required to belong to a religion to hold federal office.
Quotations: National Archives transcription of the Constitution (original spelling, such as "chuse" and "Defence").
Why it was written this way
Under the Articles, states ignored national treaties and laws with no consequence. The Supremacy Clause made national law binding on state judges. Honoring the war debts protected American credit abroad. Banning religious tests broke with English and many state practices that limited office to members of certain churches.
Key Supreme Court cases
- McCulloch v. Maryland (1819): A state cannot tax a federal bank (supremacy)
What the FCLE tends to ask
- The Supremacy Clause is often tested with McCulloch v. Maryland.
- No religious test for federal office is in Article VI, before the First Amendment.
| This | With this |
|---|---|
| Supremacy Clause (Article VI) | Reserved powers (10th Amendment) |
| No religious test (Article VI) | Establishment Clause (1st Amendment) |