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ex parte garland 1867 in 1865 Congress passed a law requiring all lawyers practicing before a federal court to take an oath that they had never had loyalties with the Confederacy during the Civil War Augustus Garland was an attorney who practiced law in federal court before the Civil War however during the war he served as a member of the Confederate Senate after the war garland was pardoned by President Andrew Johnson after the pardon he asked the supreme court if he could resume his law practice without taking the oath this case ends up going all the way to the US Supreme Court in a five-to-four decision the Supreme Court ruled that the law was unconstitutional for both state and federal governments to require a loyalty oath the Supreme Court ruled that the law was a bill of attainder declaring somebody guilty of a crime without due process also the court ruled that it was an ex post facto law designed to punish Garland after he had been pardoned finally the court affirmed the full p

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