Much later, the United States Supreme Court relied upon Marbury v. Madison in recognizing a common law cause of action for the violation of federal constitutional rights. State constitutional rights are the supreme law of the land. Wash. Constitution, Article I, Section 2. The availability of a remedy for the violation of those rights can not be overstated. It is simply fundamental to the rule of law.
Constitutional rights are only theoretical unless they can be enforced.
Numerous other states have recognized a state constitutional tort in one form or another. Id., comment a. Thus, the drafters of the Restatement understood that contemporary tort law includes a set of remedies for violations of state constitutions. To recognize a state constitutional tort, many courts seek to determine whether a particular state constitutional provision is self-executing. Article I., Section 29.