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	Ex Parte McCardle (Site not responding. Last check: 2007-10-07)
		I nani di Mantova Presenta una favola di Rodari scritta alla maniera dei cantastorie, parte in versi e parte in prosa.
		McCardle, Cheryl Incorporates natural materials into her symbolic landscape, still life, and floral paintings, to create rich textures.
		Controversia en que no son parte los trabajadores Las controversias en que no son parte los trabajadores en servicios o en condiciones de prestar servicio, no se encuentran comprendidas entre las contempladas en el artículo 420 del Código del Trabajo.
	www.serebella.com /encyclopedia/article-Ex_Parte_McCardle.html (224 words)

	[No title]
		McCardle was a Mississippi resident "held in custody by military authority for trial before a mili- tary commission, upon charges founded upon the publication of articles alleged to be incendiary and ---------------------------------------- Page Break ---------------------------------------- 20 libellous, in a newspaper of which he was editor." Id. at 508 (statement of the case).
		McCardle appealed to this Court, relying on an 1867 statute that authorized appeals from the circuit courts to the Supreme Court in habeas Cases.
		In Ex parte Watkins, 28 U.S. (3 Pet.) 193 (1830), the Court stated that the term "habeas corpus" is "used in the constitution, as one which was well understood." Id. at 201.
	www.usdoj.gov /osg/briefs/1995/w958836w.txt (14173 words)

	MSN Encarta - Search Results - Ex Parte McCardle
		Ex Parte McCardle, Supreme Court of the United States decision in 1869 dealing with the power of Congress to deprive the Supreme Court of...
		Ex Parte (Latin for "on the part of one side only"), in law, term indicating that an order has been made after hearing only the party that made the...
		Milligan, Ex Parte, celebrated case, decided by the U.S. Supreme Court in 1866, which limited the application of martial law.
	encarta.msn.com /Ex_Parte_McCardle.html (128 words)

	Ex parte McCardle (1869) [] (Site not responding. Last check: 2007-10-07)
		William McCardle was arrested by federal authorities in 1867 for writing and publishing a series of editorials in his Mississippi newspaper.
		McCardle sought a writ of habeas corpus on the ground that the Reconstruction Acts under which he was arrested were unconstitutional.
		McCardle appealed to the Supreme Court under an 1867 congressional statute that conferred jurisdiction on appeal to the High Court.
	www.oyez.org /oyez/resource/case/116 (144 words)

	FindLaw: U.S. Constitution: Article III: Annotations pg. 20 of 25
		In Ex parte McCardle, 1066 the Court accepted review on certiorari of a denial of a petition for a writ of habeas corpus by the circuit court; the petition was by a civilian convicted by a military commission of acts obstructing Reconstruction.
		Ex parte McCardle 1103 marks the furtherest advance of congressional imposition of its will on the federal courts, and it is significant because the curb related to the availability of the writ of habeas corpus, which is marked out with special recognition by the Constitution.
		Hamilton, 3 U.S. (3 Dall.) 17 (1795), and Ex parte Burford, 7 U.S. (3 Cr.) 448 (1806), with Ex parte Bollman, 8 U.S. (4 Cr.) 75 (1807).
	caselaw.lp.findlaw.com /data/constitution/article03/20.html (5801 words)

	Ex parte McCardle - Wikipedia, the free encyclopedia
		Ex Parte McCardle, 74 U.S. (1868), is a United States Supreme Court decision that examines the extent of the jurisdiction of the Supreme Court to review decisions of lower courts under federal statutory law.
		McCardle invoked habeas corpus in the Circuit Court of the Southern District of Mississippi.
		Cases decided by the military court are not to be viewed by the Supreme Court.
	en.wikipedia.org /wiki/Ex_parte_McCardle (378 words)

	[No title]
		However, this language in McCardle was dictum and was not necessary to the Court’s opinion.
		McCardle was dealing with an appeal of a habeas corpus suspension.
		Under McCardle, the Court still had jurisdiction through another route, so the 1868 repealer in McCardle didn’t take away all jurisdiction from the federal courts, just appellate jurisdiction from the Supreme Court.
	www.law.asu.edu /files/Programs/ASP/con%20law%20hypo1%20answer.doc (595 words)

	Word of the Week Archive: (Site not responding. Last check: 2007-10-07)
		Oct-12-97 * Ex parte * On one side only; by or for one party; done for, in behalf of, or on the application of, one party only.
		A judicial proceeding, order, injunction, etc., is said to be ex parte when it is taken or granted at the instance and for the benefit of one party only, and without notice to or contestation by, any person adversely interested.
		"Ex parte," in the heading of a reported case, signifies that the name following is that of the party upon whose application the case is heard.
	www.clubs.psu.edu /SCTSociety/wrdarch.htm (190 words)

	Common Sense Americanism - McCardle, Ex Parte
		McCardle was a Vicksburg, MS, newspaper editor arrested under the Reconstruction Act for printing articles libelous of the federal reconstruction authorities.
		In Ex parte Milligan, decided the year before McCardle's arrest, the Supreme Court had struck down the use of military tribunals in civilian cases where proper civilian remedies were available.
		McCardle challenged his detainment on the basis of this decision, and requested a writ of habeas corpus (release from unlawful detention) from the federal courts.
	www.csamerican.com /SC.asp?r=74+U%2ES%2E+506 (515 words)

	SurfWax: News, Reviews and Articles On Ex Parte
		The Namibian Supreme Court's decision in Ex Parte Attorney-General, In re, (1993) held, for example, that besides being inhuman and degrading, the imposition of corporal punishment is inconsistent with civilized values of justice and the punishment of offenders.
		He said ex parte contact is not wrong on its face but must be disclosed in the interest of fairness to the applicant.
		The complaint charges that the defendants engaged in substantial improper ex parte contacts prior to voting on the plaintiff's proposed zoning map amendment, which caused their deliberation to be biased and unfair.
	www.lawkt.com /files/Ex_Parte.html (4755 words)

	Ex Parte McCardle
		Relevant Facts: McCardle was a civilian being held for trial by a military commission for various violations of the Reconstruction statutes.
		McCardle applied for habeas corpus, relying on a 2/5/1867 statute authorizing the Court with authority.
		Then, Congress came in and repealed the statute, two weeks after the case was to be argued in March, 1868.
	www.4lawschool.com /conlaw/exparte1.shtml (340 words)

	Net Benefits - Ex parte McCardle
		McCardle, ex Parte Yerger (same sort of case as McCardle: dealing with Reconstruction), and Felker v.
		Ex parte Yerger, in the same term of McCardle, only really says that the Court will use a canon of construction that assumes that Congress didn't mean to eliminate jurisdiction unless they explicitly say so.
		In McCardle, the court stresses that it could possibly hear the case, just not in the manner it was presented to them: "Of course, this being an original case in the Circuit Court, and not one taken to that court by appeal from an inferior tribunal, is not within the statute.
	www.net-benefits.net /showthread.php?postid=114244#post114244 (1805 words)

	[No title]
		This outline, in whole or in part, may not be reproduced or redistributed without the written permission of the copyright holder.
		Thus Congress purported to deprive the Court of its right to decide the McCardle case and any other habeaus corpus(a writ employed to bring a person before a court, most frequently to ensure that the party’s imprisonment is not illegal) case coming to it by appeal from the circuit courts.
		Note: Does not overrule Ex Parte Young because the relief sought in Young was prospective in nature and not amount to money damages against the State.
	www.ilrg.com /students/outlines/download/con3.doc (17102 words)

	Ex parte McCardle (Site not responding. Last check: 2007-10-07)
		During the Civil War Reconstruction William McCardle a newspaper publisher and a member of the military published some articles.
		McCardle invoked habeas corpus in the Circuit Court of the District of Mississippi.
		Having seen Ex Umbris perform the works on this incredible recording in concert about a year before the CD came out, I waited in eager anticipation for its release.
	www.freeglossary.com /Ex_parte_McCardle (504 words)

	Ex Parte -- resources
		690, the doctrine of Re Pollitz and Ex parte Nebraska was reaffirmed.
		Excerpt: An ex parte action is a judicial action on the behalf of one party,...
		The object of an ex parte proceeding is nevertheless to yield a
	bankruptcy.mongabay.com /resources/Ex_Parte.html (1312 words)

	[No title]
		Ex: omnibus crime control and safe street act of 1968 (the proposal in question was eliminated) Argument for Federal power doesn't necessarily have to reside anywhere.
		dole 4 part inquiry spending has to be for general welfare where conditional spending is offered the condition must be unambiguous cannot condition on something that would violate const.
		is also asking congress to pay and they have control of purse ex: power to recognize foreign govt this isn't given explicitly but would be recognized by douglass so this approach does better job of explaining the leeway given to the pres.
	www.law.berkeley.edu /journals/clr/outlines/conlaw1-amar-00.doc (2368 words)

	[No title] (Site not responding. Last check: 2007-10-07)
		Fair 12 September 2004 Ex parte McCardle, 74 US 506 (1869) Facts Journalist William McCardle was accused of printing “incendiary and libelous articles” during the reconstruction years following the Civil War.
		McCardle was then held against his will while waiting for a military tribunal.
		He filed for a writ of habeas corpus under an 1867 act which stipulated that federal courts had the power to grant these writs in all cases where any person may be restrained of his or her liberty in violation of the Constitution, laws, or treaties of the United States.
	www.tcnj.edu /~babinsk2/POLS320/ExParteMcCardle.doc (332 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		The cases on this subject, as they have been decided in the courts of the country, are not altogether in accord; but we think this is a fair statement of the law as it stands at the present time, under the statutes of the United States and the decisions of this court.
		According to this view of the subject, the whole proceeding before the district judge in the district court was coram non judice and void, and the attempt to enforce the judgment by attachment and imprisonment of Burrus for contempt of that order is equally void.
		Ex parte Rowland, 104 U.S. The petitioner is therefore entitled to his discharge, and the rule against Slaughter, the marshal, is made absolute, and the writ of habeas corpus will issue, if that be necessary to his release.
	www.findlaw.com /scripts/getcase.pl?navby=case&court=US&vol=136&invol=586 (1958 words)

	Glidden Co. v. Zdanok
		Those doubts, suggested by dicta in Ex parte Bakelite Corp., 279 U.S., 460, would be expanded, rather than allayed, were we to hold that the judges of the Court of Claims and the Court of Customs and Patent Appeals enjoy the protections of Article III while leaving at large the status of those courts.
		Despite Ex parte McCardle, supra, the Court refused to apply the statute to a case in which the claimant had already been adjudged entitled to recover by the Court of Claims, calling it an unconstitutional attempt to invade the judicial province by prescribing a rule of decision in a pending case.
		Ex parte Bakelite Corp., 279 U.S. 438, 453, 458; accord, Williams v.
	supct.law.cornell.edu /supct/search/display.html?terms=religion%20and%20free%20or%20establishment&url=/supct/html/historics/USSC_CR_0370_0530_ZO.html (14126 words)

	Chief Justice Salmon P Chase
		The first of the Reconstruction cases to be heard was the role of military commissions Ex Parte Vallandigham, had been heard before Chase's nomination in February 1864, in the case the Court refused to review proceedings from a military commission because the commission is not a court.
		McCardle had been convicted by a military commission for publishing inflammatory articles condemning reconstruction in the south.
		Chase made it known that the rest of the Court's appellate authority was still in tact and used it in Ex Parte Yerger when the Court accepted jurisdiction of a habeas corpus appeal under the judiciary act of 1789.
	www.geocities.com /CapitolHill/Lobby/6109/salmon2.htm (2218 words)

	[No title] (Site not responding. Last check: 2007-10-07)
		Agencies funding the project were not part of the suit and they would not be bound by the decision 2.
		Commerce = the intercourse between nations and parts of nations (not only buying and selling) (1) Intercourse because moving along a route from place to place, movement in between states is part of the stream of goods moving from place to place.
		Third part of the Nat’l League/Hodel test because there was no interference with a “traditional governmental function”; operation of railroads had “traditionally been a function of private industry EEOC v Wyoming (US 1983) The Court upheld a 1974 amendment to the Age Discrimination in Employment Act extending the law to state employees 1.
	www.uga.edu /blsa/OutlineDocs/ConLawIBeckFall1998.doc (13253 words)

	Etext » books
		But though there were such physical and moral losses on the part of those to whom fell the direction of affairs, there was also a moral strengthening in the sound element of the people who had been tried by the discipline of war.
		But there was a moving to and fro on the part of those who had escaped from the South or had been captured during the war or carried into the interior of the South to prevent capture.
		The lawlessness of the Negroes in parts of the Black Belt and the disturbing influences of the fl troops, of some officials of the Bureau, and of some of the missionary teachers and preachers, caused the whites to fear insurrections and to take measures for protection.
	etext.teamnesbitt.com /books/etext/etext01/sqpmx10.txt.html (18982 words)

	Ex Parte McCardle, (1867) (Site not responding. Last check: 2007-10-07)
		It was insisted on argument that appeals to this court are given by the act only from the judgments of the Circuit Court rendered upon appeals to that court from decisions of a single judge, or of a District Court.
		These words, considered without reference to the other provisions of the act, are not unsusceptible of the construction put upon them at the bar; but that construction can hardly be reconciled with other parts of the act.
		The same observations apply to the argument of counsel that the acts of McCardle constituted a military offence, for which he might be tried under the Reconstruction Acts by military commission.
	www.agh-attorneys.com /4_ex_parte_mccardle_1867.htm (1408 words)

	Law Dork @ Ohio State University Moritz College of Law (Site not responding. Last check: 2007-10-07)
		A reading of Ex parte McCardle (briefs available at curiae.law.yale.edu) gives me far fewer answers than questions it raises.
		McCardle addressed the repeal of recently expanded appellate jurisdiction over the writ of habeas corpus.
		The Court first denied the government's motion to dismiss the appeal (available here), so Congress repealed this expanded grant, and then the Court dismissed the case for want of jurisdiction.
	lawdork.blogspot.com /2004/07/hr-3313-whats-next.html (469 words)

	Presidents versus the Court
		Taney, for his part, simply refused to let any treason trials take place in his Circuit Court without his presence, and he was too ill for over a year to hear any cases.
		A Circuit Court refused to issue the writ of habeas corpus and the Supreme Court, in Ex parte Vallandigham, in a decision written by Justice Wayne, felt that it could not hear cases from military commissions since those commissions were not courts.
		The decision was a clear victory for civil liberties under the Constitution, and the fact that it was unanimous attested to the courage and integrity of the Court.
	www.supremecourthistory.org /myweb/77journal/langran77.htm (4896 words)

	Blinding Justices - Does the Constitution allow us to scrap the judiciary? By Rod Smolla (Site not responding. Last check: 2007-10-07)
		He filed a petition for habeas corpus challenging the legality of his confinement, and his case was ultimately appealed to the Supreme Court, under a federal statute granting the Supreme Court appellate jurisdiction over such cases.
		While McCardle's case was pending, however, Congress repealed the jurisdictional law McCardle had been using to support his appeal.
		Alternative routes to the court remained open, and indeed, the same year McCardle was decided, the Supreme Court entertained a habeas petition from a person named Yeager who also challenged his confinement and the legality of Reconstruction legislation.
	slate.msn.com /id/2090717 (1295 words)

	Sixth Circuit Court Cases - Case Law and Opinions from the 6th Circuit Federal Court - Court of Appeals - unoffical ...
		The district court then turned to Staley's argument that part three of the harassment definition was unconstitutionally vague because the phrases "constitutionally protected activity" and "conduct that serves a legitimate purpose" were not defined.
		The disparity in particular cases between the error committed by the police officer and the windfall afforded a guilty defendant by application of the rule is contrary to the idea of proportionality that is essential to the concept of justice.
		In its discussion of the void-for-vagueness doctrine, the White court stated in pertinent part: "'In determining the sufficiency of the notice a statute must of necessity be examined in the light of the conduct with which a defendant is charged.'" Id.
	www.romingerlegal.com /sixthcircuit/opinions/01a0037p-06.htm (11413 words)

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