AJ 025 Lecture Notes - Lecture 10: Ex Parte Mccardle, Appellate Jurisdiction, Article Three Of The United States Constitution

• School: College of The Sequoias
• Department: Administration of Justice (AJ)
• Course: AJ 025
• Professor: shirk

Document Summary

Article iii places 3 major constraints on ability of federal courts to hear cases: (1) jurisdiction, (2) justiciability (must be appropriate for judicial resolution), and (3) standing to sue (appropriate party must bring the case) Marbury struck down potential for altering original jurisdiction, but exceptions clause (article iii, section 2) gives congress authority to alter court"s appellate jurisdiction. Petitioned for habeas corpus under 1867 habeas corpus act (federal courts have power to grant habeas corpus when person is deprived of his liberty in violation of constitution, laws, or treaties) When petition failed, mccardle appealed to scotus (gained appellate jurisdiction over such cases with 1867 act) Ruling: 8 (chase, clifford, davis, field, grier, miller, nelson, swayne) to 0. Mccardle does not have legitimate avenue for appeal. Some argue that court had no choice but to acquiesce to congress to retain its legitimacy post-civil war.