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The phrase law of the land is a legal term, equivalent to the Latin lex terrae, or legem terrae in the accusative case. [1] . It refers to all of the laws in force within a country or region, [2][3][4][5] including statute law and case-made law. [6] In the year 1215, this term was used in Magna Carta.
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 its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. [1]
What Is Law of the Land? The phrase law of the land refers to the established legal principles and statutes that govern a country or jurisdiction. It embodies the rules and laws enacted by the legislative body and enforced by the judiciary to ensure order, justice, and the protection of rights. Historical Context:
LAW OF THE LAND. The phrase "law of the land" has two connotations of constitutional dimension. In general usage it refers to a higher law than that of common law declaration or legislative enactment. As a result of the supremacy clause, the Constitution is such a higher law; it is the "supreme law of the land."
The Supremacy Clause was a response to problems with the Articles of Confederation (the Articles), which governed the United States from 1781 to 1789. The Articles conspicuously lacked any similar provision declaring federal law to be superior to state law.
The Convention passed language making the Constitution “the supreme law of the land” and thus superior to all state laws and constitutions. The delegates decided that Madison’s idea of letting Congress overturn unconstitutional state laws would be a less effective way to enforce the Constitution’s supremacy than letting the courts ...
See Marbury, 5 U.S. (1 Cranch) at 180 ([I]n declaring what shall be the supreme law of the land, the constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall be made in pursuance of the constitution, have that rank.
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; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary ...
law of the land - The principle that governs all individuals and institutions in a jurisdiction, as codified in the Constitution or legal statutes
The meaning of THE LAW OF THE LAND is the set of rules that exists in a certain place. How to use the law of the land in a sentence.