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Ex Parte McCardle

Ex Parte McCardle - Article III section 2 of the...

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Ex Parte McCardle 1869 I. Facts a. During the Civil War Reconstruction , William McCardle, a newspaper publisher and professional soldier in the Confederate Army reaching the rank of sergeant, published some "incendiary" articles which advocated opposition to the Reconstruction laws enacted by the Republican Congress. He was jailed by a military commander under the Military Reconstruction Act of 1867, 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 the Habeas Corpus Act of 1867, which authorized federal courts for the first time to issue writs of habeas corpus whenever persons held in state custody challenged it on federal grounds. After the case was argued but before an opinion was delivered, Congress suspended the Court's jurisdiction over the case, under
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Unformatted text preview: Article III, section 2 of the Constitution . II. Legal Questions presented a. did the Supreme Court have jurisdiction to hear the case b. if so, did McCardle's imprisonment violate his rights under the Fifth Amendment ? III. Answers IV. Reasons (by Chief Justice Chase) a. Form of argument b. Legal doctrines i. Writ of Habeas corpus V. Dissent reasons VI. Concurring reasons Notes Most important case of Supreme Court being overturned by a Constitutional amendment is the income tax amendment. Helms-Hyde bill Congress attempted to overturn Roe vs. Wade and added a clause to the bill that would add an exception to the Supreme Court’s jurisdiction preventing them from hearing cases relating to abortion. Most cases have to come to the Supreme Court now by writ of certiorari. The Supreme Court was getting too many cases coming to them by writ of error. As a result, Congress changed regulation....
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Ex Parte McCardle - Article III section 2 of the...

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