The last four articles are short, but they hold some of the Constitution's most important rules: how the states treat each other, how the Constitution changes, which law wins in a conflict, and how the whole thing took effect. They follow the three branch articles you just read, ending with Article III.
| Article | Main rules |
|---|---|
| IV: the states | Full faith and credit for other states' public acts, records and judgments; privileges and immunities for citizens of other states; extradition of people charged with crimes; the fugitive slave clause (made void by the Thirteenth Amendment); Congress admits new states and governs territories; a guarantee of a republican form of government |
| V: amendments | Proposed by two-thirds of both houses or by a convention called on the application of two-thirds of the states; ratified by three-fourths of the states |
| VI: supremacy | Confederation debts stay valid; the Supremacy Clause; officials swear to support the Constitution; "no religious Test shall ever be required" for federal office |
| VII: ratification | Nine state conventions are enough to establish the Constitution among the states that ratify |
Why it works
Under the Articles of Confederation, Congress could pass a rule and a state could ignore it. Article VI fixes that: valid federal law wins any conflict, and state judges are bound to say so. Note the limit in the words: federal laws "made in Pursuance" of the Constitution. A federal law that exceeds Congress's powers is not supreme. The ban on religious tests also stands out; several states then required officeholders to profess a particular faith.
Key idea
Article IV: relations among the states and new states. Article V: amendments. Article VI: the Supremacy Clause, oaths, and no religious test for federal office. Article VII: ratification by nine states.
Worked example: Which article?
A person charged with robbery in Ohio flees to Indiana. Which article requires Indiana to return him?
- Relations among the states are in Article IV.
- Article IV, Section 2, the Extradition Clause: a fugitive "shall on Demand of the executive Authority of the State from which he fled, be delivered up."
Answer: Article IV.
Worked example: Resolving a conflict
A valid federal safety law and a state law conflict. Which one controls, and which clause says so?
- Article VI makes the Constitution, federal laws made under it and treaties "the supreme Law of the Land."
- So the valid federal law controls and the conflicting state law gives way (this is called preemption).
Answer: The federal law, under the Supremacy Clause of Article VI.
Common mistake
Putting the Supremacy Clause in Article I. Article I lists Congress's powers; the rule that federal law beats state law is in Article VI, Clause 2. Memory aid: Article VI comes after the amendment article (V), as if to say, "whatever the Constitution says, as amended, is supreme."