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Cohens v. Virginia, (1821), U.S. Supreme Court case in which the court reaffirmed its right to review all state court judgments in cases arising under the federal Constitution or a law of the United States. The Judiciary Act of 1789 provided for mandatory Supreme Court review of the final judgments.
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.
Cohens v. Virginia, 19 U.S. (6 Wheat.) 264 (1821), is a landmark case by the Supreme Court of the United States that is most notable for the Court's assertion of its power to review state supreme court decisions in criminal law matters if defendants claim that their constitutional rights have been violated. [1]
Summary. Chief Justice John Marshall wrote two unanimous opinions for the Court. In the first, he held that according to Article III, Section II of the Constitution, the Supreme Court did have the appellate jurisdiction to hear all cases involving federal law and the Constitution.
Cohens v. Virginia is a case decided on March 5, 1821, by the United States Supreme Court that primarily concerned the court's jurisdiction to hear disputes related to criminal cases under state law if questions of federal law or constitutional rights were involved.
Cohens v. Virginia. 19 U.S. (6 Wheat.) 264. Syllabus. This Court has, constitutionally, appellate jurisdiction under the Judiciary Act of 1789, c. 20, § 25, from the final judgment or decree of the highest court of law or equity of a state, having jurisdiction of the subject matter of the suit, where is drawn in question the validity of a ...
