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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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Preserving the Court’s Supremacy in Relation to Article I Tribunals

Preserving the Court’s Supremacy in Relation to Article I Tribunals

Chapter:
(p.121) 7 Preserving the Court’s Supremacy in Relation to Article I Tribunals
Source:
One Supreme Court
Author(s):

JAMES E. PFANDER

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195340334.003.007

Congress has often turned to Article I tribunals either to hear matters outside the judicial power of the United States or to act as adjuncts to the Article III courts. Both of these forms of reliance on non-Article III tribunals broadly comport with the power of Congress to constitute tribunals within the meaning of Article I. But the resulting tribunals must remain inferior to the Supreme Court. This chapter examines the tools of oversight and control that Congress has chosen and the courts have deployed in working to ensure the ongoing inferiority of non-Article III adjudicative bodies. It then develops and applies a test of inferiority that courts might use in the future for evaluating the legality of non-Article III bodies.

Keywords:   Article III, Supreme Court, Congress, inferior tribunals

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