Cohens v. Virginia
| Cohens v. Commonwealth of Virginia | |
|---|---|
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| Decided March 3, 1821 | |
| Full case name | P.J. Cohen and M.J. Cohen v. Commonwealth of Virginia |
| Citations | 19 U.S. 264 (more) |
| 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 | |
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| Case opinions | |
| Majority | Marshall, joined by unanimous |
Cohens v. Virginia, 19 U.S. 264 (1821), was a United States Supreme Court decision most noted for the Court's assertion of its power to review state supreme court decisions in criminal law matters when the defendant claims that their Constitutional rights have been violated. The Court had previously asserted a similar jurisdiction over civil cases involving American parties.
The case involved a prominent Baltimore banking family, a U.S. Senator and two U.S. Representatives as attorneys for the opposing sides, and was centered on two defendants, Mendes J. Cohen and Philip J. Cohen, who would later rise to the positions of U.S. Postmaster (Philip), and U.S. Army Colonel and Maryland Delegate (Mendes).
Congress passed a bill to establish a National Lottery, to raise money for the District of Columbia, and which was conducted by the municipal government. Virginia, meanwhile, had created its own state lotteries, and passed a law to prohibit the sale of out-of-state lottery tickets.
Philip and Mendes Cohen were brothers who managed the Norfolk branch of Cohens Lottery and Exchange Office of Baltimore. The Cohen firm was a leading vendor of lottery tickets in the United States, through its offices in New York, Philadelphia, Charleston, and Norfolk, and nationwide through the mail. The firm had a strong reputation in an otherwise unsavory field, and was known for quick payouts to winners, which led to later success in the insurance and banking fields. The firm had been established in 1821 by another brother, Jacob I. Cohen, Jr. (a future president of the Baltimore City Council), who had emigrated from Bavaria, and brought each of his five brothers into the firm.
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