Ex parte McCardle
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Ex Parte McCardle, 74 U.S. 506 (1868) 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.
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Facts
During the Civil War Reconstruction, William McCardle, a newspaper publisher and not a member of the military, published some "incendiary" articles. He was jailed by a military commander under a law passed by the United States Congress.
Case History
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 After the case was argued but before an opinion was delivered, Congress repealed the statute.
Issues
- Does the Supreme Court have jurisdiction to hear the case?
- Was McCardle's imprisonment constitutional?
Holdings
- Cases decided by the military court are not to be viewed by the Supreme Court. "Sorry that the man was mistreated, but there's nothing we (The supreme court) can do about it."
The Court, speaking through Chase, validated congressional withdrawal of the Court's jursdiction. The basis for this repeal was the exceptions clause of Article III Section 2. But Chase pointedly reminded his readers that the 1868 statute repealing jurisdiction "does not affect the jurisdiction which was previously exercised."
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.
By repealing the act which granted the Supreme Court authority to hear they 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.
External link
- Full text of the decision courtesy of FindLaw (http://laws.findlaw.com/us/74/506.html)