Any discussion of case law in this area must begin with ex parte mccardle. The courts refusal marked the apogee of radical republican power to determine national policy. In 1867, william mccardle was arrested by military authorities for publishing a series of editorials criticizing the reconstruction in his mississippi newspaper. Ex parte mccardle 1868 reflected important legal challenges to reconstruction brought by one such southerner, william mccardle.
The judge sent him back into custody, finding that. William mccardle was a newspaper editor who published stories that was viewed as provocative towards the reconstruction laws enacted by the republican congress. A summary and case brief of ex parte mccardle, 74 u. Supreme court case that congress used its constitutional power as a prevention of the supreme court hearing politically sensitive case in 1869. Ex parte mccardle us law lii legal information institute.
Prior to ex parte mccardle 25 in 1868, the supreme court was never called upon to decide the validity of an act of congress which. The appellate jurisdiction of this court is conferred by the constitution, and not derived from acts of congress, but is conferred with such exceptions, and under such regulations, as congress may make, and, therefore, acts of congress affirming such jurisdiction have. This essay examines the costs of judicial intervention in wartime policy through the lens of three civil war cases ex parte merryman, ex parte milligan, and ex parte mccardle. On march 22, 2017, the trial court assessed appellants punishment at life in prison with the possibility of parole to be in accordance with the. Since congress withdrew jurisdiction to hear the case, mccardle had no legal recourse to. Ex parte mccardle,2 the court itself has recognized its original habe.
Mccardle sought a writ of habeas corpus on the ground that the reconstruction. Congress and the supreme courts jurisdiction semantic scholar. Therefore, congress correctly repealed by way of the exception powers granted by the constitution. Mccardle, michael appeal from 339th district court of. Supreme court to hear a case involving the reconstruction acts. Merryman and milligan and mccardle yoo 2009 journal of. Ex parte mccardle case brief for law students casebriefs.