Vote of the Court of Cohens v. Virginia - Research Paper Example

 “If, upon this case, the Court shall be of opinion that the acts of Congress before mentioned were valid, and, on the true construction of those acts, the lottery tickets sold by the defendants, might lawfully be sold within the State of Virginia, notwithstanding the act or statute of the general assembly of Virginia prohibiting such sale, then judgment to be entered for the defendants; and if the Court should be of opinion that the statute or act of the General Assembly of the State of Virginia, prohibiting such sale, is valid, notwithstanding the said acts of Congress, then judgment to be entered that the defendants are guilty, and that the Commonwealth recover against them one hundred dollars and costs” (p376).

Does the ruling in the case of setting a precedent? Briefly explain why.Yes, the ruling is a precedent. Since many cases (for instance Andrew j. Wagner, versus Daewoo heavy industries America corporation, jack Mosler, et al.) used the rulings of Cohens v. Virginia, 19 U.S. (6 Wheat.) 264 (1821) to arrive at a conclusion.EvaluationSupreme Court has the jurisdiction to evaluate state criminal proceedings. As Marshall argued that “state laws and constitutions, when repugnant to the Constitution and federal laws, were ‘absolutely void.

’ Marshall declared the lottery ordinance a local matter and concluded that the Virginia court was correct to find the Cohens brothers for violating Virginia law (Cohens v. Virginia, 19 U.S. 6 Wheat. 264, 1821).”2. Eakin v. Raub: Gibson’s Dissent, 12 S. & R. 330 (Pa. 1825) Citation of the case This is an inconsequential case held in Pennsylvania Supreme Court. The case had to deal with the legitimacy of a state law designed to adjust the time that a person living abroad could make claims to unoccupied land.

Gibson, in this case, challenged John Marshall’s argument which was put forward by him in Marbury v. Madison (1803) for judicial invalidation of legislation that judges believe to be unconstitutional (Joseph Francis Menez, et al 2003).