Controversial Books | Page 506

484 Interpreting and Preserving the Constitution should exercise appellate jurisdiction over State courts. It did not follow from this, however, that the Supreme Court was prohibited from reviewing State court decisions. This is so, explained Story, because the appellate jurisdiction of the Supreme is not spelled out in the Constitution for any class of cases, and is left solely to the discretion of Congress. Article III of the Constitution provides that ‘‘the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.’’ The Constitution, in other words, gives Congress complete authority to establish and regulate the appellate jurisdiction of the Supreme Court. If the appellate power of the Supreme Court did not extend to cases decided in the State courts which were inconsistent with the Constitution or which challenged the validity of a Federal law or treaty, then Federal supremacy would be in jeopardy. It would also be impossible for the Supreme Court to carry out its function of protecting the supremacy of the Constitution and all Federal laws and treaties if it could not review these kinds of State court decisions. Accordingly, Section 25 of the Judiciary Act of 1789 was constitutional. Very early in our history, it may thus be seen, judicial review of acts of Congress and judicial review of State court decisions became fixed principles of constitutional construction in the Supreme Court. Although the former rested on deductive reasoning and was understood as an inherent power implicit in the Constitution itself, and the latter was based on statute, both forms of judicial review drew their inspiration and legitimacy from the Supremacy Clause. That the Supreme Court also has the power to decide whether a State constitutional provision, law, or municipal ordinance conforms to the Constitution has never been seriously questioned. In Fletcher v. Peck (1810), the Supreme Court for the first time in its history held a State law void because it conflicted with a provision of the Constitution—the Contract Clause in Article I, Section 10. Previously, State laws had been held unconstitutional because they conflicted with Federal laws or treaties. Under what is called the Doctrine of Preemption—a rule of interpretation that has been applied with increasing frequency in recent years and has been much criticized—the Court has also voided State laws not because they directly contravene a Federal law, but on the ground that