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Constitutional Law Keyed to Feldman
Ex parte McCardle
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McCardle was a Mississippi newspaper editor. He was in military custody under the post-Civil War Reconstruction Acts. He brought a habeas corpus proceeding under an 1867 Act of Congress authorizing federal courts to grant habeas corpus to anyone restrained in violation of the United States Constitution (Constitution). The Act also permitted appeals to the Supreme Court. The lower court denied McCardle’s claim that the Reconstruction Acts were beyond the constitutional power of Congress. McCardle appealed to the Supreme Court. Congress then passed an Act that repealed the part of the 1867 Act allowing for appeal to the Supreme Court.
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