Ex parte McCardle, 7 Wallace (74 U.S.) 506; 19 L. Ed. 264 (1869) Facts—The Constitution assigns appellate jurisdiction to the Supreme Court with “such exceptions and under such regulations, as the Congress shall make.” In February 1867 Congress passed an…

Ableman v. Booth, 21 Howard (62 U.S.) 506; 16 L. Ed. 169 (1859) Facts—Ableman, a U.S. marshal, held Booth in custody, pending his trial in a District Court of the United States on the charge of having aided the escape…

Eakin v. Raub, 12 Serg. & Rawle 330 (Pa. S. Ct.) (1825) Facts—This otherwise insignificant Pennsylvania Supreme Court case, which dealt with the legitimacy of a state law designed to adjust the time that a person living abroad could make…

Cohens v. Virginia, 6 Wheaton (19 U.S.) 264; 5 L. Ed. 257 (1821) Facts—Congress passed a law in 1802 authorizing the District of Columbia to conduct lotteries. Acting under this authority, the city passed an ordinance creating a lottery. The…

Martin v. Hunter’s Lessee, 1 Wheaton (14 U.S.) 304; 4 L. Ed. 97 (1816) Facts—In the case of Fairfax’s Devisee v. Hunter’s Lessee, 7 Cranch (11 U.S.) 603, the Court reversed the decision of the state court and sustained title…

Marbury v. Madison, 1 Cranch (5 U.S.) 137; 2 L. Ed. 60 (1803) Facts—In compliance with the Judiciary Act of 1801, President John Adams signed a commission for William Marbury as a justice of the peace for the county of…

Boudmediene v. Bush, 553 U.S. 723 (2008) Facts—Boumediene, Al Odah, and other foreign nationals who were captured by U.S. military forces in Afghanistan, Bosnia, and Gambia were being held at the U.S. base in Guantanamo, Cuba. They were tried by…

Hamdan v. Rumsfeld, 548 U.S. 557; 126 S. Ct. 2749; 165 L. Ed. 2d 723 (2006) Facts—Salim Ahmed Hamdan, a Yemeni national held in custody at the U.S. prison in Guantanamo Bay, Cuba, and alleged to have been a member…

Rasul v. Bush, 542 U.S. 466 (2004) Facts—Two Australian citizens and twelve Kuwaiti citizens who were captured in Afghanistan were among about 640 non-American citizens who were being held at the American Naval Base in Guantanamo Bay, which the U.S.…

Hamdi v. Rumsfeld, 542 U.S. 507; 124 S. Ct. 2633; 159 L. Ed. 2d 578 (2004) Facts—Yaser Esam Hamdi, who was born in Louisiana in 1980 but moved as a child with his family to Saudi Arabia, was captured by…