Roger B. Taney,
Commonwealth Bank of Kentucky v…
“ The Commonwealth Bank, 11 Peters, 257, the decision of the state Court was in favour of the validity of the statute. The party therefore who denied its validity, and alleged that it was repugnant to the Constitution of the United States, was entitled to have that question re-examined in the Supreme Court. But it is otherwise, by the plain words of the law, when the decision of the state Court is against the validity of the state statute, or the authority exercised under it. ”
