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Cohens v. Virginia
Cohens v. Virginia
Cohens v. Virginia
Supreme Court of the United States Decided March 3, 1821 Full case name Holding State laws in opposition to national laws are void. The U.S. Supreme Court has appellate jurisdiction for any U.S. case and final say. Court membership Chief Justice John Marshall Associate Justices Bushrod Washington · William Johnson Henry B. Livingston · Thomas Todd Gabriel Duvall · Joseph Story Case opinions Cohens v. Virginia
states and the national government. They were fined $100. In this case, the Cohens were prosecuted successfully by the state of Virginia for selling lottery tickets from the District of Columbia in Virginia, thereby violating Virginia state law. The Supreme Court upheld their convictions. The larger issue the court dealt with in making their decision was that of reviewing state court cases. The Supreme Court claimed full appellate jurisdiction over any case tried before a United States Court. Virginia, however, decided that this was unacceptable and declared the decision the Supreme Court made null and void, even though it had upheld the previous conviction, because Virginia felt the ruling limited states’ rights.
See also
• Amendment XI • List of United States Supreme Court cases, volume 19
References
• Jean Edward Smith, John Marshall: Definer Of A Nation, New York: Henry Holt & Company, 1996.
Cohens v. Virginia, 19 U.S. 264 (1821), was a United States Supreme Court decision most noted for John Marshall and the Court’s assertion of its power to review state supreme court decisions in criminal law matters when they claim their Constitutional rights have been violated. The Court had previously asserted a similar jurisdiction over civil cases in Martin v. Hunter’s Lessee, 14 U.S. 304 (1816). An act of the United States Congress authorized the operation of a lottery in the District of Columbia. The Cohen brothers proceeded to sell D.C. lottery tickets in the Commonwealth of Virginia, violating state law. State authorities tried and convicted the Cohens, and then declared themselves to be the final arbiters of disputes between the
External links
• Text of Cohens v. Virginia, 19 U.S. 264 (1821) is available from: · Enfacto · Findlaw · LII • Oyez - Cohens v. Virginia This article related to the Supreme Court of the United States is a stub. You can help Wikipedia by expanding it.
Retrieved from "http://en.wikipedia.org/wiki/Cohens_v._Virginia" Categories: United States Supreme Court stubs, 1821 in law, United States Supreme Court cases, United States federalism case law, United States Eleventh Amendment case law, Lotteries
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From Wikipedia, the free encyclopedia
Cohens v. Virginia
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