moved that "the legislative acts of the United States made in
virtue and in pursuance of the Articles of Union, and all treaties
made or ratified under the authority of the United States, shall be the
supreme law of the respective States, and the judiciaries of the several
States shall be bound thereby in their decisions, anything in
the respective laws of the individual States to the contrary
notwithstanding." The motion was agreed to without a dissenting voice
and, with some slight changes, became Article VIII of the report of
the Committee of Detail of the 7th of August, which in turn became "the
linch-pin of the Constitution." * Then, on the 27th of August, it was
agreed that "the jurisdiction of the Supreme Court" should "extend to
all cases arising under the laws passed by the Legislature of the United
States," whether, that is, such laws should be in pursuance of the
Constitution or not. The foundation was thus laid for the Supreme
Court to claim the right to review any state decision challenging on
constitutional grounds the validity of any act of Congress. Presently
this foundation was broadened by the substitution of the phrase
"judicial power of the United States" for the phrase "jurisdiction
of the Supreme Court," and also by the insertion of the words "this
Constitution" and "the" before the word "laws" in what ultimately became
Article III of the Constitution. The implications of the phraseology of
this part of the Constitution are therefore significant:

* Article VI, paragraph 2.

Section I. The judicial power of the United States shall be vested in
one Supreme Court, and in such inferior courts as the Congress may from
time to time ordain and establish. The judges, both of the Supreme and
inferior courts, shall hold their offices during good behavior, and
shall at stated times receive for their services a compensation which
shall not be diminished during their continuance in office.

Section II. 1. The judicial power shall extend to all cases in law and
equity arising under this Constitution, the laws of the United States,
and treaties made, or which shall be made, under their authority; to all
cases affecting ambassadors, other public ministers, and consuls; to all
cases of admiralty and maritime jurisdiction; to controversies to which
the United States shall be a party; to controversies between two or more
States, between a State and citizens of another State, between citizens
of different St