 where is drawn in question the vaildity of a treaty or statute of , or at , authority exercised under the United States , and the decision is against their validity ; or where is drawn in question the validity of a statute of , or an authority exercised under any State , on the ground of their being repugnant to the constitution , treaties or laws of the United States , and the decision is in favour of such their validity , or where is drawn in question the construction of any clause of the constitution , or of a treaty , or statute of , or commission held under the United States , and the decision is against the title , right , privilege or exemption specially set up or claimed by either party , under such clause of the said Constitution. treaty , statute or commission . . . . 
