Ex Parte Garland
United States Supreme Court
71 U.S. 333, 18 L. Ed. 366 (1867)
- Written by Jamie Milne, JD
Facts
In 1860, Augustus Garland (plaintiff) was admitted to practice before the United States Supreme Court. During the Civil War, Garland’s home state of Arkansas purported to withdraw from the United States and joined the Confederate States. Garland served as a senator in the Confederate States Congress. In March of 1965, the United States Congress adopted a statute that required attorneys practicing in federal courts to take an oath that they had not supported the rebellion. The Civil War ended in April of 1965. In July, Garland received a full pardon from President Johnson for all offenses committed by him in the rebellion. Garland desired to resume practicing in federal courts but was unable to take the newly required oath without perjuring himself. He presented his pardon to the United States Supreme Court and sought permission to practice before the Court without taking the oath. Garland argued that enforcing the oath would impose a punishment, namely preventing him from practicing, for an offense for which he had been pardoned, thus undermining the president’s pardoning authority. The Court considered Garland’s argument.
Rule of Law
Issue
Holding and Reasoning (Field, J.)
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