Cohens V. Virginia took place on March 3rd, 1821, with two brothers, Philip J. Cohen and Mendes J. Cohen against the state of Virginia. The Chief Justice was none other than John Marshall (of course). The Cohens brothers were trying to sell lottery tickets for Washington D.C. in Virginia. Congress had constituted it legal to sell lottery tickets in the United States, however, Virginia had created a law making it illegal to sell lottery tickets from other states or districts within Virginian borders. The main importance of this case was it established the ability of the Federal Government to overrule legislation originating in the states.
On the surface, the case regarded whether or not it should be legal and considered constitutional for the Cohen brothers to be allowed to sell D.C. lottery tickets in Virginia, when the state had wished to ban the selling of lottery tickets from other states and districts within Virginia borders. The main point of this case, which transcends the specifics, is the establishment of policies regulating the rights of the Federal Government to overrule state legislation. In other words, should the Federal Government be able to overrule any state's laws? The Cohens argued that the fact that the lottery tickets were approved and deemed constitutional by the government meant that the State of Virginia must honor this fact and make it legal to be sold within the state, although it did not originate there. The case went over the right of the Supreme Court's power to review state court cases. Did the Supreme Court have the power under the Constitution to review the Virginia Court's ruling of convicting the Cohens?
-the path to the Supreme Court
The Cohens were tried and found guilty by the State of Virginia for selling lottery tickets from the District of Columbia in the State of Virginia, where state law made it illegal to sell lottery tickets from another state or district within state borders. They charge was $100. They appealed to the Supreme Court, saying that their actions were legal and protected by the Act of Congress which authorized the lottery from Washington D.C.
The court, under John Marshall, further reiterated the concept of the Supreme Court's
The verdict was that Supreme Court ruled in favor of the State of Virginia, stating that the state was entitled to enforce the legislation convicting the Cohen brothers for selling lottery tickets which originated outside the state; a majority opinion. However, it also decreed that it is within the power of the Supreme Court to review a ruling of a state's criminal court case. The Court implemented the concept of Judicial Review.
-evaluation
I agree with the decision. I think it is important for the states to have individual power and legislation, because different laws will be beneficial to different types of people. States' rights should be protected, so that the Federal Government does not have absolute control over every aspect of people's lives. The fact that the states have some freedom is appealing because of this. However, it is also beneficial to have the Supreme Court be able to reassess a state court's ruling, incase an unfairness has occurred, or there is a questionable law that may prove to be unconstitutional.
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