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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)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
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 McCardle was issued a writ of habeas corpus, but during his appeal, Congress repealed the statute, removing the Supreme Court’s appellate jurisdiction over such cases.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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