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One Supreme CourtSupremacy, Inferiority, and the Judicial Department of the United States$
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James E. Pfander

Print publication date: 2009

Print ISBN-13: 9780195340334

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780195340334.001.0001

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Understanding the Origins of Article I Tribunals

Understanding the Origins of Article I Tribunals

(p.103) 6 Understanding the Origins of Article I Tribunals
One Supreme Court


Oxford University Press

This chapter examines institutional history with a view toward recapturing the perceived limits on the power of Congress to rely on non-Article III tribunals. A pattern of interbranch accommodation is observed instead of a history of willful congressional departure from a baseline of fully independent Article III courts. In particular, early exceptions to Article III frequently corresponded to perceived limits on the power of Article III courts to proceed in the first instance. These limits reflected the refusal of the federal courts to submit their judgments to review by the political branches (the finality principle); the perception that litigants in the territories had no federal rights to enforce (the rights principle); and the perception that certain matters simply lay beyond the judicial power as traditionally understood (the traditional boundaries principle).

Keywords:   Article III, federal courts, inferior tribunals, Article I

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