Ex Parte McCardle Case Brief Summary | Law Case Explained

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  • เผยแพร่เมื่อ 22 ก.พ. 2016
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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.
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ความคิดเห็น • 4

  • @yusofplayed
    @yusofplayed 4 ปีที่แล้ว +4

    Thanks

  • @charlesbarber5157
    @charlesbarber5157 3 ปีที่แล้ว +6

    Although I understand what happened I think it’s bad law for Congress to have the ability to remove jurisdiction on an appellate matter after cert has been granted because at the time of cert jurisdiction was conferred

    • @insidedigitalmedia
      @insidedigitalmedia ปีที่แล้ว

      Yes. It was a shameful surrender to the power of the radical Republicans who established puppet carpet bag regimes in the south. The principles of law were clearly ignored in deference to politics.

  • @rocksolidnaturalhealth9227
    @rocksolidnaturalhealth9227 ปีที่แล้ว

    Not clear on the bottom line - why isn’t the latest case ?