Ex Parte McCardle Case Brief Summary | Law Case Explained

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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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