Ex Parte McCardle

Case Overview

CITATION

ARGUED ON

DECIDED ON

DECIDED BY

74 U.S. 506

Mar. 2-4, 9, 1868

Apr. 12, 1869

Legal Issues

Does Congress have the authority to withdraw appellate jurisdiction from the Supreme Court at any time?

Holding

Yes, Congress has the authority to withdraw appellate jurisdiction from the Supreme Court at any time, and the Supreme Court does not have the liberty to question their motives.

Painting of William McCardle of unknown origin | Credit: Smithsonian American Art Museum/Public Domain

Background

Following the defeat of the Confederacy in the Civil War, William McCardle, a newspaper editor in Vicksburg, Mississippi, was arrested by federal military officials for publishing “incendiary” articles that strongly opposed Reconstruction laws passed by Congress. Charges were brought against him under the Military Reconstruction Act of 1867, meaning he would face a military trial despite his status as a civilian. McCardle challenged the constitutionality of his detention by filing a petition for a writ of habeas corpus, claiming that the Military Reconstruction Act was unconstitutional and that his military prosecution violated his Fifth and Sixth Amendment rights.

After the Circuit Court of the Southern District of Mississippi denied his petition, McCardle appealed to the Supreme Court under the Habeas Corpus Act of 1867. The 1867 Act significantly broadened the jurisdiction of federal courts, authorizing them to grant habeas relief to any person detained in violation of the Constitution, regardless of whether they were being held by state or federal authority. The Supreme Court accepted the case and held oral arguments in early March 1868. Recognizing that a ruling in McCardle’s favor could dismantle the legal framework of Military Reconstruction in the South, the Republican-controlled Congress moved quickly to strip the Court of its ability to decide the case by passing a repeal of the specific section of the 1867 Act that granted the Supreme Court appellate jurisdiction over such habeas petitions. While President Andrew Johnson vetoed the repeal, Congress overrode his veto in March 1868.

Unanimous decision against McCardle

For

Against

Davis

Field

Nelson

Chase

Clifford

Swayne

Grier

Miller

Cite this page