Ex parte McCardle Brief PDF

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Brief of Ex parte McCardle...

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September 9, 2020 Citation: Ex parte McCardle 74 US (7 Wall.) 506 (1869) Facts: During the Civil War Reconstruction, William McCardle printed articles that opposed the Reconstruction laws enacted by Congress. He was jailed by a military officer and invoked habeas corpus in the Circuit Court of the Southern District of Mississippi. He was denied the motion and then appealed it to the Supreme Court. The Court granted appellate jurisdiction. Before an opinion could be reached, Congress enforced Article III, Section 2 of the Constitution by suspending the Court’s appellate jurisdiction. Legal Provisions:  Section 25 of the Judiciary Act of 1789  Article III of the Constitution (refers to the judicial power and jurisdiction of the Court)  Article III, Section 2 (refers to Congress’ power to strip jurisdiction from Court) Questions:  Does the Supreme Court have jurisdiction?  Does McCardle’s imprisonment violate his 5th Amendment Due Process rights? Answers to questions:  Yes and no- Article III Section 2 is valid  Unanswered- Since Congress withdrew jurisdiction, McCardle had no legal recourse to challenge his imprisonment Court’s Rationale/Opinion: Chief Justice Chase wrote the opinion.  Article III Section 2 gives that power to Congress, and the Court can’t deny that power.  Case dismissed...