parent nodes: judicial power | subject matter jurisdiction
Ex parte Mc Cardle
Facts
In 1867, Congress gives judges power to grant federal habeas corpus to state prisoners
1867 Act allows for appeal from circuit courts to Supreme Court
Mc Cardle seeks habeas writ, loses, appeals to Supreme Court
Before Mc Cardle's appeal is heard, Congress repeals Supreme Court jurisdiction over habeas appeals
Issue: Has the Court jurisdiction over Mc Cardle's appeal?
Analysis
The Constitution, not the Congress, gives appellate jurisdiction to the Court. [DuRousseau v US]. But Article III, ยง 2, allows Congress to make "exceptions" and "regulations" to that jurisdiction. Congress here made an explicit exception to the Court's jurisdiction. Therefore, the Court lacks jurisdiction. And "(j)urisdiction is power to declare the law, and when it ceases to exist, the only function remaining to the court is that of announcing the fact and dismissing the cause." As a result, Mc Cardle must lose for want of jurisdiction.
See judicial power; Article III; federal jurisdiction