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Constitutional Law Keyed to Farber
Ex Parte McCardle
Citation:
74 U.S. (7 Wall). 506 (1869)Facts
McCardle was a civilian being held for trial by military commission in Mississippi for allegedly publishing “incendiary and libelous” articles in his newspaper in violation of federal Reconstruction statutes. The federal circuit court denied his application for habeas corpus, and he appealed to the Supreme Court. MrCardle relied on 1876 federal statute providing the Supreme Court with appellate jurisdiction in habeas corpus cases. The case was argued in the Supreme Court in early March 1868. On March 27, 1868, Congress enacted a statute that provided “that so much of the act of 1867 as authorized an appeal from the judgment of the Circuit Court to the Supreme Court, or the exercise of any such jurisdiction by said Supreme Court, on appeals which have been, or may hereafter be taken, and the same is hereby repealed.”
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