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Cohens v. Virginia U.S. 264 (1821)

handle is hein.slavery/ussccases0076 and id is 1 raw text is: CASES IN THE SUPREM-E COUVRT ,aai. of the cause, or in the rights of the parties. It would seem reasonable, therefore, that the suit should pro- ,Colns ceed, and not be dismissed or abated. -In the ab- Virgiia. sence of all authority which binds the Court to a different course, we are disposed to adopt this doc- trine, and shall promulgate a general rule on the subject. Rule accordingly. (CONSTiTUTInAL LAw.) COHENS V. VIRGINIA. Thia Court has, constitutionally, appellate jurisdiction under the judi- .cary act of 1789, c. 20. s. 25. from the -final judgment or decree of the highest Court of law or equity of a State, having juiisdiction of the ,ubject matter of the suit, where is drawn in question the vali- dity of a treaty, or statute of, or an authority exercised under, the United'States, and the decision is against their validity; or where is drawn in question the validity of a statute of, .or an authority exer- cised under any State, on the ground of their beingrepugnant to the constitution, treaties, or laws of the United States, and the decision is. in fayour of such, their validity; or of the constitution, or of a -treaty, or statute of, or commission held under the United States, and the decision is against the title, right, privilege, or exemption, specially set up or claimed, by either party. under such clause of the constitution, treaty, statute, or commission. Iris no ob ntio to the exercise of this appellate jurisdiction, that one of the parties is a State, and the other a citizen of that State. a Vide new order of Court of the present term. Ante, Rule XXXII.