Controversial Books | Page 499

The Doctrine of Judicial Review 477 the statute to the facts of the case and reach a decision. This is because the English courts, in spite of the claims once made by Lord Coke, do not have the power of judicial review. On rare occasions they may express an opinion on whether a particular act of Parliament conforms to the English Constitution, but Parliament is free to ignore it. In keeping with the principle of legislative supremacy, Parliament decides for itself whether its acts are constitutional. In fact, Great Britain does not even have a supreme court. The highest court of appeals in the British political system is actually the House of Lords, which, of course, is also the upper chamber of the legislature. Under the American political system, a judicial inquiry into the legislature’s intent is merely the first step of the judicial process. Once the meaning and intent of the statute have been determined, the judge must then decide whether it conforms to the Constitution. If it is a State law, he must take yet another step to determine whether the law conforms to Federal laws and treaties. All of this is necessary because of the Supremacy Clause of Article VI. As noted earlier, this is the most distinctive feature of the American Constitution. It is a key provision which, more than any other, distinguishes the American Constitution from the English— and most other constitutions of the world. In essence, the Supremacy Clause establishes a hierarchy of laws, with the Constitution itself as the highest law, followed by Federal laws and treaties, descending finally to State constitutions, State laws, and local ordinances. Article VI declares that, ‘‘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 notwithstanding.’’ It is important to study these words carefully. In the first place, there is no law higher than the Constitution. Political philosophers and even some judges have argued on occasion that there is a higher ‘‘natural law’’ governing American affairs, and that judges therefore have a higher duty not only to follow it, but to impose it if some provision of the Constitution or a law seems to conflict with it. Similar arguments have been made on behalf of ‘‘natural rights’’ and ‘‘moral values,’’ as we noted earlier, and