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Constitutional Law Keyed to Choper
Cohens v. Virginia
Citation:
19 U.S. 264 (1821)Facts
P.J. and M.J. Cohen sold lottery tickets in Norfolk, Virginia, for the “National Lottery,” which had been authorized by Congress to raise funds for improvements in the District of Columbia. Virginia had enacted a law prohibiting the sale of lottery tickets within the state. The Cohens were prosecuted under this Virginia law and fined $100. They claimed that the act of Congress authorizing the lottery protected them from state prosecution. The Virginia court rejected this defense, finding that the state law was valid despite the Congressional authorization. When the Cohens sought to appeal to a higher state court, their request was denied on the grounds that no further appeal was available under state law. They then sought review in the U.S. Supreme Court through a writ of error, arguing that the Congressional authorization of the lottery preempted the Virginia law prohibiting lottery ticket sales.
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