POLS 385 Lecture Notes - Lecture 2: Ex Parte Milligan, Reconstruction Acts, Political Question
22 Oct 2016
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Eakin v raube: justice gibson"s dissenting opinoin is regarded as being the omst effective refutation of judicial review. If congress must live within the power of the constitution, then so must the judidciary. Its the business of the judiciary to interpret the laws, not scan the authority of the lawgiver. He said scanning the authority is best left up to the people. Asked people to lobby to repeal the judicial review act. Ex-parte mccardlle: mccardle was arrested by fe officials for writing a series of articles that were highly critical of reconstruction. He was taken to a military tribunal under the military reconstruction act. He claimed it was unconstitutaional annd violated the 1,5,6 amendents. He petitioned for a writ of habeas corpus. Sc ruled on the merits, however, congress passed a law repealing the sc apellate review of writs of habeas corpis. Congress passed the law bc they feared a redo of ex parte milligan and that the.
