Cohens v. Virginia

Cohens v. Virginia, 19 U.S. (6 Wheat.) 264 (1821), is a landmark decision of the United States Supreme Court.

The Cohens were convicted in Virginia state court for selling lottery tickets for a lottery authorized by Congress for the District of Columbia. They appealed to the Supreme Court, arguing that the federal statute authorizing the lottery preempted Virginia law. Virginia argued that the Supreme Court had no jurisdiction to review criminal judgments of state courts.

Significance

Chief Justice Marshall held that the Supreme Court could review state criminal cases involving federal questions. While ultimately affirming the Cohens’ conviction (because the D.C. lottery statute did not extend beyond the District), Marshall firmly established that the Court could hear any case arising under the Constitution or laws of the United States, regardless of which party initiated the proceeding or whether it originated in state or federal court.

Category

US Federal Case Law