Cohen Vs Virginia Essay

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is Cohens vs. Virginia, in which the question arose as to the right of the Supreme Court to exercise its appellate jurisdiction over the judgment of a state court involving the validity of state legislation. The contention of the counsel for the state struck at the very root of the judicial system of the Union, with its authority to review state decisions which involved the binding effect of the Federal Constitution and laws: and so to the discussion of this fundamental question Marshall brought his heaviest artillery. In a series of powerful paragraphs he proclaimed the principle of nationalism and the existence of a real union resting on the will and determination of the people:

“That the United States,” he said, “from, for many, and for most important purposes, a single nation, has not yet been denied. In war, we are one people. In making peace, we are one people. In all commercial regulations, we are one and the...

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