Concept

Cohens v. Virginia

Résumé
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. 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 J. Cohen, would later rise to the positions of U.S. Army Colonel and Maryland Delegate (Mendes), and U.S. Postmaster (Philip). Congress passed a bill to establish a National Lottery to raise money for the District of Columbia that was conducted by the municipal government. Meanwhile, Virginia had established its own state lotteries and passed a law to prohibit the sale of out-of-state lottery tickets. Philip and Mendes Cohen were brothers and managed the Norfolk, Virginia branch of Cohens Lottery and Exchange Office of Baltimore, Maryland. The Cohen firm was a leading vendor of lottery tickets in the United States through its offices in New York, Philadelphia, Charleston, and Norfolk and nationwide through the mail. The firm had a strong reputation in an otherwise-unsavory field and was known for quick payouts to winners. Their reputation helped the firm later become successful in the insurance and banking fields. The firm had been established in 1812 by an older brother, Jacob I. Cohen, Jr., who had emigrated from Bavaria and brought each of his five brothers into the firm. He later was elected to and served as a president of the Baltimore City Council. On June 1, 1820, both Cohens were charged by authorities in Norfolk with selling tickets in Virginia for the National Lottery. The brothers were convicted in a local court and fined $100. The issue was significant as "lotteries were one of the chief means by which governments raised capital in the" early 19th century.
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