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Constitutional Law Keyed to Varat
Ex parte McCardle
Citation:
Ex parte McCardle, 74 U.S. (7 Wall.) 506, 19 L.Ed. 264 (1868)Facts
Article III of the Constitution gives Congress authority to create “such inferior Courts as the Congress may from time to time ordain and establish.” Thus, inferior courts are not guaranteed by the Constitution and exist, theoretically, at the pleasure of Congress. Pursuant to this authority, Congress in 1789 enacted a statute granting circuit courts the authority to grant writs of habeas corpus and the Supreme Court appellate jurisdiction. McCardle was being held in custody by military authority for publishing articles critical of the government in his newspaper. McCardle was issued a writ of habeas corpus, but during his appeal, Congress repealed the statute, removing the Supreme Court’s appellate jurisdiction over such cases. Article III Sec. 2 Cl. 2 of the Constitution ordains that, “The Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make.”
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