Hello and welcome back to the Civic Flame, an educational podcast where we tackle the US Constitution section by section and explore how it is, and is not, shaping the US government today! ItÕs been a long few weeks for many of us here in the US, and IÕve had people ask me more than I like whether or not the Constitution matters because ÒitÕs not doing anything.Ó 00:00:35 What is the Constitution To that I say: itÕs a piece of paper, what do you expect it to do? The Constitution lives nowhere if it does not live in our hearts andÑmore importantlyÑour actions. We have to be willing to hold our leaders accountable to the Constitution, whether we like them or not, whether we agree with them or not. Otherwise, it doesnÕt work. Does that mean itÕs the ConstitutionÕs fault and we should get rid of it? Of course not. It means we need to recommit to the work of civic responsibility and get back to doing the work that democracy requires. Why am I talking about this now? Because today is Article 6 of the Constitution, the article that makes the Constitution the supreme law of the land. Today, weÕre going to talk about how that works. LetÕs go. (transition) 00:01:41 Federal oath of office ÒI do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.Ó 00:02:09 Supreme law of the land ThatÕs basically the oath I took when I worked at the US Naval Academy (as a teacher, I didnÕt have one of those cool, repel off the buildings jobs). ItÕs a similar oath I took when I became a notary public in Massachusetts. And itÕs an oath anyone who works for the government takes. Why? Because in our scheme of law, the Constitution reigns supreme. And it is important to note that this oath derives similarly from the oath in the Constitution in Article 2 that covers the president of the United States. Because the founders knew that sometimes the call is coming from inside the house and that in many ways, the hardest enemy or adversary to see is the one right in front of your face. But we promise to obey the Constitution which will, hopefully, keep our eyes fixed on the prize (democracy) and not get lost in the politics. 00:03:03 Article 6 Debts Clause Article 6 starts with ÒAll 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.Ó This is just that basic sense of Òyes, support the Constitution, but we promise it wonÕt make you broke.Ó There was a lot of instability on the way to the Early Republic, insurrections and other problems that related to an inability to pay the governmentÕs debts, including suppliers, fighters, and widows and orphans from the Revolution. 00:03:37 Article 6 Supremacy Clause Next comes the big part: ÒThis 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; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.Ó There are a few things going on in here. Note that the Constitution is the Supreme Law of the Land. Any treaties made under the ConstitutionÕs authority are at the head of the hierarchy of the US law. This means *federal* laws. Now, remember, from our discussion on how judges make decisions with Dr. Chris Bailey, the Supreme Court has the power of Judicial Review. That means it can interpret the law and strike down any laws that a majority of judges (5 out of 9 now, though weÕve had as few as 5 judges in total!) feels is incompatible with the Constitution. 00:04:48 Supremacy Clause, Nullification, and School Desegregation Cases State laws tend to be easier to strike down because a lot of time that comes down to who has the power to do what. States have a lot of power in their own spheres, but if they make laws that conflict with the federal Constitution, then those laws are not valid. We saw a lot of these cases come up in the wake of Brown v. Board of Education, the 1954 unanimous Supreme Court decision that made illegal de jure (thatÕs by law) segregation in K-12 public schools. Multiple cases came up (and occasionally still pop up). over this. Now, thereÕs a whole long history of Court cases and current political issues that still arise out of the SouthÕs rage at being forced to work, learn, and play side-by-side with Black folks, but thatÕs for another time. Today, weÕre looking at the case Cooper v Aaron. This was a 1958 case in Little Rock, Arkansas, where the governor forbid the desegregation of public schools. 00:05:42 Cooper v Aaron, Ruby Bridges, and the Little Rock Nine If you want to see a real profile in courage, check out the stories of the Little Rock Nine and people like Ruby Bridges, who in 1960, at the ripe old age of 6, endured incredible, daily, and repeated harassment and hatred when she became the first person to integrate schools in Louisiana. Given the way Louisiana still treats New Orleans, I feel like there are some folks who have never gotten over that. But during this time, case after case was coming before the Court. And the Courts kept saying, federal law requires equal protection under the 14th Amendment and it requires due process. As much power as states have over education (set the curriculum, decide on standardized tests, pick the number of days in a school year, and so much more), those decision cannot violate federal law. Students have a right to a k-12 education, the state must provide that right in a way compatible with the US Constitution. 00:07:21 Cooper v Aaron and the childrenÕs freedom from discrimination In Cooper the Court said a few important things to try and close this issue (which didnÕt work): ÒThe constitutional rights of children not to be discriminated against in school admission on grounds of race or color declared by this Court in the Brown case can neither be nullified openly and directly by state legislators or state executives or judicial officers, nor nullified indirectly by them through evasive schemes for segregation whether attempted "ingeniously or ingenuously.Ó 00:08:36 Segregation Academies and the history of Segregation for Wealthy People 00:09:48 ÒThe Supreme Law of the LandÓ and you ÒcanÕt make war against the ConstitutionÓ And ÒThe interpretation of the Fourteenth Amendment enunciated by this Court in the Brown case is the supreme law of the land, and Art. VI of the Constitution makes it of binding effect on the States "any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." No state legislator or executive or judicial officer can war against the Constitution without violating his solemn oath to support it.Ó So, right here we get that continued explanation that when a law conflicts with the Constitution, it is invalid. 00:11:09 State governments versus the constitution: who decides? I mentioned that is happens a bit easier at the state level because when these questions come up in federal cases, you see a lot of them that are battles between agencies, conflicts between federal laws, and other very clear and often politicized and wrapped up in different kinds of questions and fights. But, that supremacy clause (thatÕs what we call the Supreme law of the land thing) is supposed to be clear, but like every other aspect of the Constitution, it is not self-enforcing. 00:11:38 Article 6 and religious tests and corruption of religion by politics The final section of Article 6 is, a bit about religious freedom and the ways in which we canÕt ÒThe Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.Ó This is where the cool podcast Òbound by oathÓ gets its name. If you want to get into the nitty gritty of Court cases and hear from people who work in the legal field (as opposed to the academic side like me), thatÕs a solid and really accessible listen, and I recommend it. 00:13:46 John Adams and a government of laws not of men But it also makes clear that if you want to be an officer of the government in any capacity that you have to take an oath to the Constitution above all else. This is what makes our system special and what John Adams wrote before he was the 2nd President of the United States while he was still just a lawyer from Massachusetts: we want a government of laws and not of men. ThatÕs in the Massachusetts Constitution which, for what itÕs worth, is older than the United States Constitution. (transition music) 00:15:30 Conclusion Well, thatÕs all for this week, and all of the substantive parts of the US Constitution. WeÕll do a short talk next week about Article 7, which is the ratification section and if thereÕs time an intro into the Bill of Rights. Until then, keep on listening, liking, and following. IÕm printing up stickers that IÕm thinking about sending to folks who engage with our content. As always, check us out on Blue Sky, Instagram, and Substack. Until then, keep the civic flame burning bright, and take care out there. (outro) Thank you The civic flame is a dr fun sponge media project with creator Amber Vayo and sound producer Matt Munyon. Thanks for listening.