Article VI, section 2 of the U.S. Constitution contains the Supremacy Clause, which says:
“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 . . . .”
There is nothing in the clause about U.S. Supreme Court opinions.
Judicial supremacy is a belief that the U.S. Supreme Court no longer just decides how to interpret and apply the Constitution for the purpose of entering a judgment that resolves a controversy between parties to a lawsuit, but that the opinion itself, explaining the reasons for its judgment, is equal to the Constitution and becomes the supreme law for the whole nation.
Would you agree with FACT that the doctrine of judicial supremacy gives federal courts powers they do not have under the U.S. Constitution and makes the Supreme Court supreme over the Constitution itself?
