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Restriction of the Supreme Court's Jurisdiction and Ex Parte McCardle

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by

Kaity Bullock

on 12 October 2012

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Transcript of Restriction of the Supreme Court's Jurisdiction and Ex Parte McCardle

Restriction of the Supreme Court's Jurisdiction
and Ex Parte McCardle Background Information Background Cont. More Background How It Was Resolved Checks and Balances Which Branches of Government were involved? Which Branch Prevailed After the civil war, the South was under Martial law, by the authority of the Civil War Reconstruction Acts.
McCardle was a Mississippi newspaper editor for the Vicksburg Times being held by the military for publishing "libelous and Inflammatory" Articles. McCardle then filed a Habeas Corpus Writ, saying that congress didn't have the authority under the constitution to establish a system of military government.
The Habeas Corpus Act provided for appeal to the U.S. Supreme Court in any case where a person was denied constitutional rights. After McCardle’s petition for habeas corpus to the Circuit Court was denied he appealed to the Supreme Court under the 1867 Act.
Before the Supreme Court rendered a decision, Congress repealed the 1867 Habeas Corpus Act in an attempt to strip the Court of jurisdiction over McCardle’s pending appeal. In 1869 the court dismissed McCardle’s appeal on the grounds that it now lacked jurisdiction over such matters. Congress had thus established its supremacy over both the federal executive and judicial branches. In the end, the Legislative Branch prevailed over the Judicial and Executive Branch. by Gaby Mordini
Kaity Bullock
and George Platt The Judicial Branch, the Executive Branch, and the Legislative Branch were all involved in the case. The constitution gives the Supreme Court appellate jurisdiction, however; it also gives congress the expressed power to make exceptions to that jursidiction. Congress uses this power to act as a check on the Supreme Court by making them powerless to hand down decisions on certain issues. The legislative branch has used this method many times. Most prominently with the passing of the 16th Amendment. What is significant about Martial Law??
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