Ex Parte McCardle
Supreme Court of the United States
Appeal from the Circuit Court for the Southern District of Mississippi. The case was this: The Constitution of the United States ordaifis as follows: “ § 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.” “§ 2. The judicial power shall extend to all cases in law or equity arising under this Constitution, the laws of the United States,” &c.
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Appeal from the Circuit Court for the Southern District of Mississippi. The case was this: The Constitution of the United States ordaifis as follows: “ § 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.” “§ 2. The judicial power shall extend to all cases in law or equity arising under this Constitution, the laws of the United States,” &c. And in these last cases the Constitution ordains that, “The Supreme Court shall have appellate jurisdiction, both as to law and fact, with…
1Opinion of the Court
The CHIEF JUSTICE
delivered the Opinion of the court.
The first question necessarily is that of jurisdiction; for, if the act of March, 1868, takes away the jurisdiction defined by the act of February, 1867, it is useless, if not improper, to enter into any discussion of other questions.
It is quite true, as was argued by the counsel for the petitioner, that the appellate jurisdiction of this court is not derived from acts of Congress. It is, strictly speaking, con ferred .by the Constitution. But it is conferred “ with such exceptions and under such regulations as Congress shall make.”
It is…
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