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Ex parte McCardle

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Ex parte McCardle

US Supreme Court decision 1869 dealing with the power of Congress to deprive the Supreme Court of jurisdiction over appeals. William McCardle, a Mississippi journalist convicted of sedition by a military court and refused a writ of habeas corpus by the federal circuit court, appealed his case to the Supreme Court. Afraid that the military Reconstruction governments would be found unconstitutional, Congress revoked the Court's jurisdiction over appeals. The Court ruled unanimously that this was fully within the constitutional right of Congress to make exceptions to the Supreme Court's right to hear appeals; furthermore, it was not the Court's job to discern the political motives of restrictions imposed by Congress.



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But they have generally, if reluctantly, upheld the power of Congress to limit the court's appellate jurisdiction, in such cases as Ex Parte McCardle (1869), Ex Parle Yerger (1869), Robertson vs.
In the 1868 case Ex Parte McCardle, the Supreme Court recognized the congressional power to limit its appellate jurisdiction.
While Congress has not used this power since the Civil War period, it is clear from the 1869 case of Ex Parte McCardle, and from numerous statements in Supreme Court opinions, that Article III, Section 2, means what it says.
 
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