Ex parte Garland
E879580
Ex parte Garland is an 1867 U.S. Supreme Court decision that limited Congress’s power to impose loyalty oaths and affirmed presidential pardon authority in the post–Civil War era.
All labels observed (1)
| Label | Occurrences |
|---|---|
| Ex parte Garland canonical | 1 |
Statements (50)
| Predicate | Object |
|---|---|
| instanceOf |
Reconstruction-era case
ⓘ
United States Supreme Court case ⓘ legal case ⓘ |
| areaOfLaw |
constitutional law
ⓘ
professional responsibility law ⓘ separation of powers law ⓘ |
| citation |
4 Wall. 333
ⓘ
71 U.S. 333 ⓘ |
| constitutionalConcept |
limits on legislative punishment
ⓘ
scope of presidential pardon power ⓘ separation of powers ⓘ |
| constitutionalProvisionInterpreted |
Article I, Section 10 of the United States Constitution
ⓘ
Article I, Section 9 of the United States Constitution NERFINISHED ⓘ Article II, Section 2 of the United States Constitution NERFINISHED ⓘ |
| country |
United States of America
ⓘ
surface form:
United States
|
| court | Supreme Court of the United States ⓘ |
| decisionDate | 1867-01-14 ⓘ |
| dissentingJustice |
Chief Justice Salmon P. Chase
NERFINISHED
ⓘ
Justice Noah H. Swayne NERFINISHED ⓘ Justice Samuel F. Miller NERFINISHED ⓘ Justice Samuel Nelson NERFINISHED ⓘ |
| effect |
limited Congress’s power to impose loyalty oaths
ⓘ
protected former Confederates who had received presidential pardons ⓘ strengthened presidential authority over pardons ⓘ |
| historicalContext | post–Civil War loyalty measures ⓘ |
| holding |
Congress cannot impose a loyalty oath that operates as a bill of attainder or ex post facto law
ⓘ
a full presidential pardon restores the right to practice law in federal courts ⓘ a presidential pardon removes penalties and disabilities attached to the offense pardoned ⓘ the test oath requirement for attorneys was unconstitutional as applied to Garland ⓘ |
| issue | constitutionality of congressional loyalty oath for attorneys ⓘ |
| jurisdiction | United States federal jurisdiction ⓘ |
| legalPrinciple | pardon blots out the offense and its penalties ⓘ |
| majorityOpinionBy | Justice Stephen J. Field NERFINISHED ⓘ |
| pardonRecipient | Augustus Hill Garland NERFINISHED ⓘ |
| pardonType | full presidential pardon ⓘ |
| partyInvolved |
President Andrew Johnson
NERFINISHED
ⓘ
United States Congress NERFINISHED ⓘ |
| petitioner | Augustus Hill Garland NERFINISHED ⓘ |
| petitionerOccupation | lawyer ⓘ |
| petitionerRole | former Confederate senator ⓘ |
| relatedLegislation | 1865 congressional test oath for attorneys ⓘ |
| relatedTo |
American Civil War
NERFINISHED
ⓘ
Reconstruction ⓘ |
| subjectMatter |
attorney admission to practice
ⓘ
bills of attainder ⓘ ex post facto laws ⓘ loyalty oaths ⓘ presidential pardon power ⓘ |
| term | 1866 term ⓘ |
| vote | 5-4 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.