nstitutional rights by the enforcement of some act of public
authority, usually an act of Congress or of a State legislature, and
asks for judicial relief. The clause furnishes the textual basis for the
fountain-head of American Constitutional Law, in the strict sense of the
term, which fountain-head is Judicial Review, or the power and duty of
the courts to pass upon the constitutional validity of legislative acts
which they are called upon to recognize and enforce in cases coming
before them, and to declare void and refuse enforcement to such as do
not accord with their own interpretation of the Constitution.

JUDICIAL REVIEW

The supremacy clause clearly recognizes judicial review of State
legislative acts in relation not only to the Constitution, but also in
relation to acts of Congress which are "in pursuance of the
Constitution," and in relation to "treaties made or which shall be made
under the authority of the United States." These constitute "the supreme
law of the land," and "the judges in every State shall be bound thereby,
anything in the Constitution or laws of any State to the contrary
notwithstanding." This provision was originally implemented by the
famous twenty-fifth section of the Judiciary Act of 1789 which provided
that final judgments or decrees of the highest courts of law or equity
in the States in which a decision could be had, "where is drawn in
question the validity of a treaty or statute of, or an authority
exercised under the United States, and the decision is against their
validity; or where is drawn in question the validity of a statute of, or
an authority exercised under any State, on the ground of their being
repugnant to the Constitution, treaties or laws of the United States,
and the decision is in favour of such their validity, or where is drawn
in question the construction of any clause of the Constitution, or of a
treaty, or statute of, or commission held under the United States, and
the decision is against the title, right, privilege or exemption
specially set up or claimed by either party, under such clause of the
said Constitution, treaty, statute or commission, may be re-examined and
reversed or affirmed in the Supreme Court of the United States upon a
writ of error, * * *"[253]

JUDICIAL REVIEW AND NATIONAL SUPREMACY

A quarter of a century after its enactment the validity of this section
was challenged on States' Rights premises in Martin _v._ Hunter's
Lessee,[254] and