Cohens v. Virginia
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. The Court had previously asserted a similar jurisdiction over civil cases involving U.S. parties.
Cohens v. Commonwealth of Virginia | |
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Supreme Court of the United States | |
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 federal laws are void. The Supreme Court has appellate jurisdiction and makes the final decision for any U.S. case. | |
Court membership | |
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Case opinion | |
Majority | Marshall, joined by unanimous |
The defendants were members of a prominent Baltimore banking family. A U.S. senator and two U.S. representatives served as attorneys for the opposing sides. The two defendants, Mendes I. Cohen and Philip I. Cohen, would later rise to the positions of U.S. Army Colonel and Maryland Delegate (Mendes), and U.S. Postmaster (Philip).
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