Cohens v. Virginia (1821)

1) Link to the Actual Opinion
Read the U.S. Reports opinion (PDF)

2) Summary of the Opinion
The Cohen brothers were convicted in Virginia for selling lottery tickets authorized by Congress for the District of Columbia. Virginia argued the Supreme Court could not review criminal convictions from state courts. The Court disagreed, holding it could review all state court decisions involving federal law, even criminal ones.

3) Why It Mattered
This case reaffirmed and expanded federal judicial authority, ensuring that state courts could not block Supreme Court review when federal law was at stake.

4) What It Provided or Took Away

• Provided: Supreme Court authority over state criminal cases involving federal law.
• Took Away: States’ claim of final authority in criminal matters that touch federal issues.

5) Overreach or Proper Role?
This was a natural extension of Martin v. Hunter’s Lessee. It solidified the Court’s role in keeping federal law uniform and supreme.

6) Plain-English Impact Today
Even if you’re prosecuted in state court, if your case involves federal rights or laws, you can appeal all the way up to the U.S. Supreme Court.

• Federal Review
• Criminal Law
• Supremacy