During the Civil WarReconstruction, newspaper publisher William McCardle printed some "incendiary" articles, advocating opposition to the Reconstruction laws enacted by Congress. He was jailed by a military commander under the Military Reconstruction Act of 1867. McCardle invoked habeas corpus in the Circuit Court of the Southern District of Mississippi. The judge sent him back into custody, finding the military actions legal under Congress' law. He appealed to the Supreme Court under the Habeas Corpus Act of 1867, which granted appellate jurisdiction to review denial of habeas corpus petitions. After the case was argued but before an opinion was delivered, Congress suspended the Supreme Court's jurisdiction over the case, exercising the powers granted under Article III, section 2 of the Constitution.
Issuesedit
Two issues were raised by this case: Whether the Supreme Court had jurisdiction to hear the case, and if so, whether McCardle's imprisonment violated his Fifth AmendmentDue Process rights.
Chief Justice Chase, writing for a unanimous court, validated congressional withdrawal of the Court's jurisdiction. The basis for this repeal was the exceptions clause of Article III, section 2.[2] But Chase pointedly reminded his readers that the 1868 statute repealing jurisdiction "does not affect the jurisdiction which was previously exercised." Since the Court held it lacked jurisdiction to hear the case, the second question was not answered. Since Congress had withdrawn jurisdiction to hear the case, McCardle had no legal recourse to challenge his imprisonment in federal court.
Rationaleedit
Durousseau v. United States, 10 U.S. 307 (1810) held that Congress's affirmative description of certain judicial powers implied a negation of all other powers. Creating such legislation was legitimate under the authority granted them by the United States Constitution. By repealing the act that granted the Supreme Court authority to hear the case, Congress made a clear statement that they were using this Constitutional authority to remove the Supreme Court's jurisdiction. The court had no choice but to dismiss the case.
^"... the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."
External linksedit
Works related to Ex parte McCardle at Wikisource
Text of Ex parte McCardle, 74U.S. (7 Wall.) 506 (1869) is available from:CourtListenerGoogle ScholarJustiaLibrary of CongressOpenJurist
February 15, 2024
parte, mccardle, wall, 1869, united, states, supreme, court, decision, that, considered, jurisdiction, review, decisions, lower, courts, under, federal, supreme, court, united, statesargued, march, 1868decided, april, 1869full, case, namecitations74, more, wal. Ex parte McCardle 74 U S 7 Wall 506 1869 is a United States Supreme Court decision that considered its jurisdiction to review decisions of lower courts under federal law 1 Ex parte McCardleSupreme Court of the United StatesArgued March 2 4 9 1868Decided April 12 1869Full case nameEx parte McCardleCitations74 U S 506 more 7 Wall 506 19 L Ed 264 1868 U S LEXIS 1028Case historyPriorAppeal from the Circuit Court for the Southern District of MississippiHoldingCongress has the authority to withdraw appellate jurisdiction from the Supreme Court at any time Court membershipChief Justice Salmon P Chase Associate Justices Samuel Nelson Robert C GrierNathan Clifford Noah H SwayneSamuel F Miller David DavisStephen J FieldCase opinionMajorityChase joined by unanimousLaws appliedU S Const art III Contents 1 Case history 2 Issues 3 Holdings 4 Rationale 5 See also 6 Notes 7 External linksCase history editDuring the Civil War Reconstruction newspaper publisher William McCardle printed some incendiary articles advocating opposition to the Reconstruction laws enacted by Congress He was jailed by a military commander under the Military Reconstruction Act of 1867 McCardle invoked habeas corpus in the Circuit Court of the Southern District of Mississippi The judge sent him back into custody finding the military actions legal under Congress law He appealed to the Supreme Court under the Habeas Corpus Act of 1867 which granted appellate jurisdiction to review denial of habeas corpus petitions After the case was argued but before an opinion was delivered Congress suspended the Supreme Court s jurisdiction over the case exercising the powers granted under Article III section 2 of the Constitution Issues editTwo issues were raised by this case Whether the Supreme Court had jurisdiction to hear the case and if so whether McCardle s imprisonment violated his Fifth Amendment Due Process rights Holdings edit nbsp The Chase Court in 1868 Chief Justice Chase writing for a unanimous court validated congressional withdrawal of the Court s jurisdiction The basis for this repeal was the exceptions clause of Article III section 2 2 But Chase pointedly reminded his readers that the 1868 statute repealing jurisdiction does not affect the jurisdiction which was previously exercised Since the Court held it lacked jurisdiction to hear the case the second question was not answered Since Congress had withdrawn jurisdiction to hear the case McCardle had no legal recourse to challenge his imprisonment in federal court Rationale editDurousseau v United States 10 U S 307 1810 held that Congress s affirmative description of certain judicial powers implied a negation of all other powers Creating such legislation was legitimate under the authority granted them by the United States Constitution By repealing the act that granted the Supreme Court authority to hear the case Congress made a clear statement that they were using this Constitutional authority to remove the Supreme Court s jurisdiction The court had no choice but to dismiss the case See also editList of United States Supreme Court cases volume 74 List of United States Supreme Court casesNotes edit Ex parte McCardle 74 U S 7 Wall 506 1869 the supreme Court shall have appellate Jurisdiction both as to Law and Fact with such Exceptions and under such Regulations as the Congress shall make External links edit nbsp Works related to Ex parte McCardle at Wikisource Text of Ex parte McCardle 74 U S 7 Wall 506 1869 is available from CourtListener Google Scholar Justia Library of Congress OpenJurist Ex parte McCardle Case Brief at Lawnix com Retrieved from https en wikipedia org w index php title Ex parte McCardle amp oldid 1175142049, wikipedia, wiki, book, books, library,
