University:
University of California, Berkeley
Course:
Law 200.2 | Civil Procedure for LL.M.Students
Academic year:

2019
Views:

228

Pages:

1
Author:

Prince Sampson

Constitutional Law and Politics Case Study: Cohens Vs. Virginia 19 U.S. 264 (March 3, 1821) Brief: Two brothers Philip and Mendes Cohen, who were managers of the Norfolk branch of Cohens Lottery and Exchange Office of Baltimore, were convicted in Virginia for selling District of Columbia lottery tickets in violation of Virginia law. They were one of the biggest sellers of lottery tickets in the country and thus hired two of the best lawyers in the country, Senator William Pinkney and former Rep David A. Ogden. They claimed they were immune from state laws because the tickets had been authorized by Congress. The case got to the state Supreme Court which ultimately tried and convicted the brothers and declared themselves the final arbiters of disputes between the state and national government, but the SCOTUS stepped in and said that they in fact were the ones with the final say. Held: In a unanimous decision the U.S. Supreme Court also decided against the Cohens on the merits of this case, however it was still important because Chief Justice John Marshall’s opinion reasserted the concept of the Supreme Court having jurisdiction over state courts on criminal matters. He wrote that state laws in opposition to national laws are completely void. This helped reaffirm the concept that the U.S. Supreme court has appellate jurisdiction for any U.S. case relating to national laws and The Constitution, and final say over even the highest state courts. The precedent set by the Judiciary Act of 1789 provided for mandatory Supreme Court review of the final judgements of the highest court of any state in cases. After the establishing of jurisdiction for the SCOTUS though, Marshall declared that the lottery ordinance was a local matter and agreed that the Virginia court was correct to fine the brothers.