Cohens v. Virginia

Cohens v. Commonwealth of Virginia
Supreme Court of the United States
Decided March 3, 1821
Full case nameP.J. Cohen and M.J. Cohen v. Commonwealth of Virginia
Citations19 U.S. 264 (more)
6 Wheat. 264; 5 L. Ed. 257; 1821 U.S. LEXIS 362
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
Chief Justice
John Marshall
Associate Justices
Bushrod Washington · William Johnson
H. Brockholst Livingston · Thomas Todd
Gabriel Duvall · Joseph Story
Case opinion
MajorityMarshall, joined by unanimous

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.[1] The Court had previously asserted a similar jurisdiction over civil cases involving U.S. parties.

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).[2][3]

  1. ^ Cohens v. Virginia, 19 U.S. (6 Wheat.) 264 (1821).
  2. ^ Jean Edward Smith, John Marshall: Definer Of A Nation, New York: Henry Holt & Company, 1996, pp. 456-459 [1]
  3. ^ Cite error: The named reference JEnc was invoked but never defined (see the help page).