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Constitutional Law Keyed to Rotunda
Ex Parte McCardle
Citation:
74 U.S. (7 Wall). 506 (1869)Facts
Congress by “an act to amend an act to establish the judicial courts of the United States” provided that several courts of the United States, and several justices and judges of such courts should have the power to grant writs of habeas corpus in all cases where any person may be restrained of his liberty in violation of the Constitution. The custody was alleged to be under the authority of certain acts of Congress. Upon the hearing, the petitioner was remanded to the military custody but an appeal was allowed to him to the Supreme Court.
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Topic Resources
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Judicial Power