EX PARTE MCCARDLE
Term:
- 1851-1900
Location:
Vicksburg Times Newspaper
Facts of the Case
William McCardle was arrested by federal authorities in 1867 for writing and publishing a series of editorials in his Mississippi newspaper. The editorials were sharply critical of Reconstruction. McCardle sought a writ of habeas corpus on the ground that the Reconstruction Acts under which he was arrested were unconstitutional. McCardle appealed to the Supreme Court under an 1867 congressional statute that conferred jurisdiction on appeal to the High Court. After hearing arguments in the case, but prior to announcing a decision, the Congress withdrew its 1867 act conferring jurisdiction.
Question
May the Congress withdraw jurisdiction from the High Court after that jurisdiction has been given?
Conclusion
Decision: 8 votes for US Congress, 0 vote(s) against
Legal provision: Military Reconstruction Act
Legal provision: Military Reconstruction Act
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. But Chase pointedly reminded his readers that the 1868 statute repealing jurisdiction "does not affect the jurisdiction which was previously exercised."
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Cite this Page
EX PARTE MCCARDLE. The Oyez Project at IIT Chicago-Kent College of Law. 19 May 2013. <http://www.oyez.org/cases/1851-1900/1868/1868_2>.
EX PARTE MCCARDLE, The Oyez Project at IIT Chicago-Kent College of Law, http://www.oyez.org/cases/1851-1900/1868/1868_2 (last visited May 19, 2013).
"EX PARTE MCCARDLE," The Oyez Project at IIT Chicago-Kent College of Law, accessed May 19, 2013, http://www.oyez.org/cases/1851-1900/1868/1868_2.