Ex parte McCardle was forged in the superheated atmosphere of Southern reconstruction after the Civil War. The struggle to shape that reconstruction pitted the “Radical” Republicans (representing the pre-war abolitionist wing) against moderates within the party. Democrats, reduced to a rump faction, could do little more than get out of the way and, if palatable, delicately offer support to the Republican moderates. The political and constitutional fault line cut between the restrained Lincoln-Johnson presidential reconstruction based on maintaining the existing federalism, but with abolition of slavery, and the program of congressional radicals to treat the South as a conquered province reduced to territorial status, prostrate before Northern arms and to be cleansed of the twin stains of slavery and secession by stripping the erstwhile states of their old constitutional privileges.
http://constitutingamerica.org/wp-content/uploads/2021/03/logo_web_white_360x80.png 0 0 Janine Turner and Cathy Gillespie http://constitutingamerica.org/wp-content/uploads/2021/03/logo_web_white_360x80.png Janine Turner and Cathy Gillespie2017-03-01 00:10:282020-04-09 14:34:56Ex Parte McCardle (1869)
Guest Essayist: Joerg Knipprath