Court Cases Pt II
Snemalna Knjiga Besedilo
- Chief of Justice John Marshall
- P.J. Cohen
- Cohens v. Virginia (1821)
- M.J. Cohen
- Virgina Representative
- Citizens of the Columbia District, come by and purpchase a lottery ticket!
- State of Virginia
- They are violating the Virginia law!
- Help raise money for your District. Get you tockets today!
- But, the United States Congress authorized the selling of lottery tickets!
- Cease! Cease! The state of Virginia forbidds the selling of lottery tickets belonging to other states and Districts!
- Officer! Officer! Come quick!!
- We should not have to pay a fine. We haven't done anything wrong. We're going to take this to the Supreme Court!
- FINE $100
- For violating the state law, you must now pay a fine.
- We are protected by the Act of Congress, which authorized lottery tickets.
- They violated the Virginia law. The State of Virginia does not allow the selling of lottery tickets belonging to other states.
- The Court hereby defends the Cohens, the Congress did not intend to sale lottery tickets outside of the District of Colombia, so there is no conflict between the act of Congress and the Virginia law.
- Congress established a National Lottery to raise money for the Disrict of Columbia, meanwhile Virginia created their own lottery and prohibited the sale of out-of-state lottery tickets. The Cohen brothers were selling tickets in Virginia and charged by the authorities. The brothers argued that their rights were protected by the Act of Congress and won the case.
- Thomas Gibbons
- Robert Livingston
- Gibbons vs Ogden 1824
- Chief Justice John Marshall
- Aaron Ogden
- New Jersey
- The state of New York has granted you the right to navigate the waters between New York City and New Jersey. Congrads!
- What an honor, thank you!
- New York
- What are you doing? I run this waterway!! You don't have permission to use this river.
- We'll see about that, I'm going to take this to the New York State Court.
- Yes I do, I have the right to use this river.
- New York Court
- The state of New York gave ME exclusive rights to operate the passage.
- The State of New York rules in favor of Odgen. Gibbons must cease operating his steamships.
- I have the right to operate on the waterway according to the 1793 Act of Congress.
- I'm going to appeal this to the Supreme Court.
- Supreme Court
- New York gave my exclusive rights, and I say he can't bring his steam boats through the Hudson River.
- New York's exclusive grant to Ogden violated the federal licensing Act of 1793. Gibbons can use the River.
- I have the right to use the Hudson River for my steamboat according to the 1793 Act of Congress.
- In 1808,New York legislature granted Robert R. Livingston and Robert Fulton exclusive navigation privileges of waters within the state who in turn allowed Thomas Gibbons to operate his steamboats. Aaron Ogden sued Gibbons since he was the only one with exclusive rights. The Supreme Court found that New York's licensing requirement for out-of-state operators was inconsistent with a congressional act regulating the coasting trade. The New York law was invalid by virtue of the Supremacy Clause and it's injunction against Gibbons was overturned. Gibbons was free to operate his steamships.
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