Facts: During Rev war, Virginia siezes property of British subjects, siezes Lord Fairfax’s property, gives it to other people like Hunter. Fairfex devises his siezed estate to Martin. Hunter sues Martin to eject him from land.
Procedure: Lower court entered judgment for Martin, next court for Hunter. Write of error = declaration that lower court erred. This is an appeal of lower court decision.
Issue: Does Sup Ct. have power to review state court decisions?
Held: Yes
Analysis: It is the case and not the court that gives power to review a decision. Sup Ct. would have nothing to act upon if it didn’t have appellate power. Also, state courts would occasionally have to decide cases concerning the consitution, so Sup Ct should be allowed to review their decisions. Argument that consitution doesn’t operate upon the states is mistaken, because a great deal of the constitution is directed toward regulating state soveriegnty. Plus, congress can reverse state legislature decisions if they are contrary to consitution. Diversity jurisdiction works as an appellate procedure, so don’t limit it. Allowing appellate power of Sup Ct also promotes goal of uniformity of law among the states.
Procedure: Lower court entered judgment for Martin, next court for Hunter. Write of error = declaration that lower court erred. This is an appeal of lower court decision.
Issue: Does Sup Ct. have power to review state court decisions?
Held: Yes
Analysis: It is the case and not the court that gives power to review a decision. Sup Ct. would have nothing to act upon if it didn’t have appellate power. Also, state courts would occasionally have to decide cases concerning the consitution, so Sup Ct should be allowed to review their decisions. Argument that consitution doesn’t operate upon the states is mistaken, because a great deal of the constitution is directed toward regulating state soveriegnty. Plus, congress can reverse state legislature decisions if they are contrary to consitution. Diversity jurisdiction works as an appellate procedure, so don’t limit it. Allowing appellate power of Sup Ct also promotes goal of uniformity of law among the states.