Cohens v. Virginia[edit]
Cohens v. Virginia (1821) displayed Marshall's nationalism as he enforced the supremacy of federal law over state law, under the Supremacy Clause of the Constitution. In this case, he established that the Federal judiciary could hear appeals from decisions of state courts in criminal cases as well as the civil cases over which the court had asserted jurisdiction in Martin v. Hunter's Lessee (1816). Justices Bushrod Washington and Joseph Story proved to be his strongest allies in these cases.
Like Marbury, this Cohens case was largely about the jurisdiction of the Supreme Court. The State of Virginia claimed that the Court had no jurisdiction to hear appeals from a state court in a case between a state and its own citizens, even if the case involved interpretation of a federal statute. Marshall wrote that his court did have appellate jurisdiction, but then went on to affirm the decision of the Virginia Supreme Court on the merits. Marshall wrote:
“ We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution. ”
In Marshall's day, the Court had not yet been given the discretion whether or not to take cases.[55] Scholars such as Edward Hartnett contend that the Court's discretionary certiorari practice undercuts the rationale that Chief Justice Marshall gave in the Cohens case for reviewing the validity of state law, which was that the Court had no choice in the matter.[56]
The decision in Cohens demonstrated that the federal judiciary can act directly on private parties and state officials, and has the power to declare and impose on the states the Constitution and federal laws, but Marshall stressed that federal laws have limits. For example, he said, "Congress has a right to punish murder in a fort, or other place within its exclusive jurisdiction; but no general right to punish murder committed within any of the States."
In this case, the Court affirmed that the Virginia Supreme Court correctly interpreted a federal statute that had established a lottery in Washington D.C. Like the Jefferson administration in Marbury, the State of Virginia technically won this case even though the case set a precedent consolidating the power of the Court.
Cohens v. Virginia[edit]
Cohens v. Virginia (1821) displayed Marshall's nationalism as he enforced the supremacy of federal law over state law, under the Supremacy Clause of the Constitution. In this case, he established that the Federal judiciary could hear appeals from decisions of state courts in criminal cases as well as the civil cases over which the court had asserted jurisdiction in Martin v. Hunter's Lessee (1816). Justices Bushrod Washington and Joseph Story proved to be his strongest allies in these cases.
Like Marbury, this Cohens case was largely about the jurisdiction of the Supreme Court. The State of Virginia claimed that the Court had no jurisdiction to hear appeals from a state court in a case between a state and its own citizens, even if the case involved interpretation of a federal statute. Marshall wrote that his court did have appellate jurisdiction, but then went on to affirm the decision of the Virginia Supreme Court on the merits. Marshall wrote:
“ We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution. ”
In Marshall's day, the Court had not yet been given the discretion whether or not to take cases.[55] Scholars such as Edward Hartnett contend that the Court's discretionary certiorari practice undercuts the rationale that Chief Justice Marshall gave in the Cohens case for reviewing the validity of state law, which was that the Court had no choice in the matter.[56]
The decision in Cohens demonstrated that the federal judiciary can act directly on private parties and state officials, and has the power to declare and impose on the states the Constitution and federal laws, but Marshall stressed that federal laws have limits. For example, he said, "Congress has a right to punish murder in a fort, or other place within its exclusive jurisdiction; but no general right to punish murder committed within any of the States."
In this case, the Court affirmed that the Virginia Supreme Court correctly interpreted a federal statute that had established a lottery in Washington D.C. Like the Jefferson administration in Marbury, the State of Virginia technically won this case even though the case set a precedent consolidating the power of the Court.
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