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Ex Parte McCardle | 74 U.S. 506 (1869)

Before we jump into the facts of Ex Parte McCardle, it’s crucial to understand the meaning of two important concepts: appellate jurisdiction and the exceptions clause. Appellate jurisdiction is the power of a court to hear appeals from the decisions of lower courts. For example, the United States Supreme Court has appellate jurisdiction over judgments of the circuit courts, and the United States circuit courts have appellate jurisdiction over judgments of the district courts.

The second important concept to understand is the Exceptions Clause. The Exceptions Clause, found in Article III of the Constitution, is one of the major checks the Constitution places on the judicial branch. This clause grants Congress the power to make exceptions to the Supreme Court’s appellate jurisdiction over cases. Or put differently, the Exceptions Clause gives Congress the power to strip the Supreme Court of jurisdiction over particular types of cases.

With that background, let’s discuss Ex Parte McCardle.

Just after the Civil War, William McCardle, a Mississippi newspaper editor, was arrested by the federal government for publishing newspaper articles that were critical of the post-Civil War Reconstruction and military occupation of the South.

The federal government justified McCardle's arrest on the grounds that he violated several provisions of the Reconstruction Acts, a set of federal statutes passed by Congress after the end of the war. McCardle sought a writ of habeas corpus from a federal court in his home state of Mississippi, but was unsuccessful. McCardle then asked for appellate review of his habeas corpus petition in the United States Supreme Court, relying on an 1867 congressional statute that permitted the Supreme Court to have appellate jurisdiction over such cases. But in 1868, while McCardle’s case was pending, Congress repealed the part of the 1867 statute on which jurisdiction over McCardle’s appeal relied. President Andrew Johnson vetoed the repeal, but Congress immediately overrode the veto. The Supreme Court granted certiorari to determine if it had jurisdiction to hear the case.

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