![]() ![]() Finally, Story applied these principles of judicial review to the decisions below and found that the state court's decision was in error. ![]() Furthermore, the legislative power to remove a case to federal court would be inadequate for maintaining this uniformity. Story countered that even if state judges were not biased, the issue was not bias but uniformity in federal law. Story then confronted the arguments that state judges were bound to uphold the Constitution just as federal judges were, and so denying state interpretations presumed that the state judges would less than faithfully interpret the Constitution. The Supreme Court could already review state executive and legislative decisions and this case was no different. Under Article I, Section 10 the Constitution outlines specific limits upon the 'sovereignty' of state governments. ![]() Story then quickly rejected concerns over State judicial sovereignty. Thus, because it was established that the states had the power to rule on federal issues it must be true that the Supreme Court can review the decision or the Supreme Court would not have appellate jurisdiction in 'all other cases.' Furthermore, the Supremacy Clause declares that the federal interpretation will trump the state's interpretation. If the Supreme Court could not review decisions from the highest state court, the state courts would be excluded from ever hearing a case in any way involving a federal question, because the Supreme Court would be deprived of appellate jurisdiction in those cases. 2, stating that 'in all other cases before mentioned the Supreme Court shall have appellate jurisdiction' showed a textual commitment to allow Supreme Court review of state decisions. Story found that it was clear from history and the preamble of the Constitution that the federal power was given directly by the people and not by the states. Story first confronted the argument that federal judicial power came from the states, and therefore that the Supreme Court had no right to overrule a state's interpretation of the treaty without its consent. ![]()
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