|
Ex parte McCardle, 74 U.S. 506 (1868)[1], is a United States Supreme Court decision that examines the extent of the jurisdiction of the Supreme Court to review decisions of lower courts under federal statutory law. Image File history File links Seal_of_the_United_States_Supreme_Court. ...
The Supreme Court of the United States (SCOTUS) is the highest judicial body in the United States and leads the judicial branch of the United States federal government. ...
Salmon Portland Chase (January 13, 1808 – May 7, 1873) was an American politician and jurist in the Civil War era who served as Senator from Ohio, Governor of Ohio, as U.S. Treasury Secretary under President Abraham Lincoln, and Chief Justice of the United States. ...
Samuel Nelson (10 November 1792 - 13 December 1873) was an American attorney and U.S. Supreme Court justice. ...
Robert Cooper Grier (March 5, 1794-September 25, 1870), was an American jurist. ...
Nathan Clifford (August 18, 1803–July 25, 1881) was an American statesman, diplomat and jurist. ...
Noah Haynes Swayne (December 7, 1804 - June 8, 1884) was an American jurist and politician. ...
Samuel Freeman Miller (April 5, 1816 - October 13, 1890), was an associate justice of the United States Supreme Court, 1862-1890. ...
David Davis III (March 9, 1815 - June 26, 1886) was a United States Senator from Illinois and associate justice of the Supreme Court of the United States. ...
Stephen Johnson Field (November 4, 1816 – April 9, 1899) was an associate justice of the United States Supreme Court from May 20, 1863, to December 1, 1897. ...
Article Three of the United States Constitution establishes the judicial branch of the federal government. ...
// The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court...
1868 (MDCCCLXVIII) was a leap year starting on Wednesday (see link for calendar) of the Gregorian calendar or a leap year starting on Friday of the 12-day-slower Julian calendar. ...
The Supreme Court of the United States (SCOTUS) is the highest judicial body in the United States and leads the judicial branch of the United States federal government. ...
In law, jurisdiction (from the Latin jus, juris meaning law and dicere meaning to speak) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area...
To meet Wikipedias quality standards, this article or section may require cleanup. ...
Case history
During the Civil War Reconstruction, William McCardle, a newspaper publisher and professional soldier in the Confederate Army reaching the rank of corporal, published some "incendiary" articles which advocated the opposition of Reconstruction laws enforced by the Republican Congress. He was jailed by a military commander under a law passed by the United States Congress. Mr. 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's law. He appealed to the Supreme Court under a congressional act of 1867 that allowed federal judges to issue writs of habeas corpus and hear appeals from circuit courts. After the case was argued but before an opinion was delivered, Congress repealed the statute. Combatants United States of America (Union) Confederate States of America (Confederacy) Commanders Abraham Lincoln, Ulysses S. Grant Jefferson Davis, Robert E. Lee Strength 2,200,000 1,064,000 Casualties 110,000 killed in action, 360,000 total dead, 275,200 wounded 93,000 killed in action, 258,000 total...
// Reconstruction was the process in US history that resolved the issues of the American Civil War when both the Confederacy and slavery in the United States were destroyed. ...
Type Bicameralism Houses Senate House of Representatives United States Senate Majority Leader Harry Reid, D, since January 4, 2007 Speaker of the House Nancy Pelosi, D, since January 4, 2007 Members 535 plus 4 Delegates and 1 Resident Commissioner Political groups (as of November 7, 2006 elections) Democratic Party Republican...
In common law countries, habeas corpus (/heɪbiəs kɔɹpəs/), Latin for you [should] have the body, is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. ...
1867 (MDCCCLXVII) was a common year starting on Tuesday (see link for calendar). ...
Issues Two issues were raised by this case: did the Supreme Court have jurisdiction to hear the case, and if so, did McCardle's imprisonment violate his rights under the Fifth Amendment. Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ...
Holdings The Court, speaking through Chase, 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." Because the Court held it lacked jurisdiction to hear the case, the second question was not answered. Because Congress withdrew jurisdiction to hear the case, McCardle had no legal recourse to challenge his imprisonment in federal court.
Rationale 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. // The United States Reports, the official reporter of the Supreme Court of the United States Case citation is the system used in common law countries such as the United States, England and Wales, Ireland, Canada, New Zealand, Hong Kong, Australia and India to uniquely identify the location of past court...
1810 was a common year starting on Monday (see link for calendar). ...
Page one of the original copy of the Constitution. ...
By repealing the act which 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 has no choice but to dismiss the case.
Analysis Ex parte McCardle has become revived recently because Congress repealed the statute that was being used by the detainees in Guantanamo to petition for habeas corpus. The government has argued that the Guantanamo cases should be dismissed, just as in Ex parte McCardle. Justice Scalia took this position in Hamdan v. Rumsfeld, for example.
However, some scholars have argued that McCardle is distinguishable because only one "path" to the Supreme Court was repealed by Congress in McCardle. In fact, the constitutionality of the Military Reconstruction Act (the issue McCardle was challenging) was eventually decided on habeas petitions that took a different "path" to the Supreme Court a few years after McCardle. Therefore, not all "paths" were closed. Based on this, Ex parte McCardle may only mean that Congress can regulate which method is used to petition for habeas as long as some "path" stays open. This distinction could be important since Congress has tried to forclose ALL habeas petitions by Guantanamo detainees in response to Hamdan.
References - ^ 74 U.S. 506 (Full text of the decision courtesy of Findlaw.com)
- ^ "... 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."
|
Feeds |
Contact