During the American Revolution, the Commonwealth of Virginia enacted legislation that allowed it to confiscate Loyalists' property.

Land owned by a loyalist, Martin, part of the Northern Neck Property, was confiscated by the State and transferred to David Hunter.

The Treaty of Paris (1783) between Great Britain and the United States nullified such confiscations, permitting Martin to sue for the return of the property.

Story found that it was clear from history and the preamble of the Constitution that the federal power was given directly by the people and not by the states.

Story then cited Article III, Section 2, Clause 2, showing a textual commitment to allow Supreme Court judicial review of state decisions: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.

Furthermore, the legislative power to remove a case to federal court would be inadequate for maintaining this uniformity.

As little doubt can there be, that the people had a right to prohibit to the states the exercise of any powers which were, in their judgment, incompatible with the objects of the general compact; to make the powers of the state governments, in given cases, subordinate to those of the nation, or to reserve to themselves those sovereign authorities which they might not choose to delegate to either.

It could not be foreseen what new changes and modifications of power might be indispensable to effectuate the general objects of the charter; and restrictions and specifications, which, at the present, might seem salutary, might, in the end, prove the overthrow of the system itself.

Hence its powers are expressed in general terms, leaving to the legislature, from time to time, to adopt its own means to effectuate legitimate objects, and to mould and model the exercise of its powers, as its own wisdom, and the public interests, should require.The vote tally was 6 to 0, with Johnson giving a concurring opinion.