Cohen v Virginia Case Brief

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Cohen vs. Virginia Case BriefCohen sued Commonwealth of Virginia for

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Cohen v. Virginia

Cohen brothers bought lottery tickets in Washington but tried to sell them in
Virginia, which was in violation of Virginia’s gambling laws. Holding: Court
reaffirmed its righto review all state court judgments in cases arising under the
Federal Constitution or a law of the US. Judicial power extends to all cases (lottery
law); what did was unconstitutional. State laws in opposition to national laws are
void. Supreme Court has appellate jurisdiction for any US case/has final say.

Facts of the Case
An act of Congress authorized the operation of a lottery in the District of Columbia. The Cohen
brothers proceeded to sell D.C. lottery tickets in the state 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 states and the national government.
Question
Did the Supreme Court have the power under the Constitution to review the Virginia Supreme
Court's ruling?
Conclusion
In a unanimous decision, the Court held that the Supreme Court had jurisdiction to review state
criminal proceedings. Chief Justice Marshall wrote that the Court was bound to hear all cases that
involved constitutional questions, and that this jurisdiction was not dependent on the identity of
the parties in the cases. Marshall argued that state laws and constitutions, when repugnant to the
Constitution and federal laws, were "absolutely void." After establishing the Court's jurisdiction,
Marshall declared the lottery ordinance a local matter and concluded that the Virginia court was
correct to fine the Cohens brothers for violating Virginia law.
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 involving American parties. 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 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 state 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.

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