Supreme Court Brief
Supreme Court Brief POLS 4212
University of Memphis
Popular in Constitutional Law and Civil Liberties
Popular in Political Science
This 1 page Bundle was uploaded by Robert Rankin on Tuesday October 4, 2016. The Bundle belongs to POLS 4212 at U of M taught by Dr. Ebony Dawkins in Fall 2016. Since its upload, it has received 4 views. For similar materials see Constitutional Law and Civil Liberties in Political Science at U of M.
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Date Created: 10/04/16
Ex parte McCardle 74 U.S. (7 Wall.) 506 506 (1868) APPEAL FROM THE CIRCUIT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI FACTS McCardle, a Mississippi newspaper editor, ﬁled for a writ of habeas corpus when he was taken into military custody for having allegedly published libelous and incendiary articles. Under the federal law that formed the basis of his petition, federal courts were allowed to grant habeas corpus to individuals who had been detained for violations of constitutional right. It provided that the Supreme Court could hear appeals of these proceedings. After McCardle was denied habeas corpus by the lower court, the Supreme Court ruled that it had jurisdiction to hear the case on the merits. ISSUE Does the Supreme Court have appellate jurisdiction over habeas corpus matters rather than its original jurisdiction over habeas corpus matter brought directly to it? DECISION No REASON The Supreme Court of the United States does not have jurisdiction of the appeal under the Judicial Act of 1867; however, the Supreme Court does have appellate jurisdiction over Circuit Courts in certain cases. Congress has the power to make exceptions to the appellate jurisdiction of the Supreme Court.
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