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

JAMES E. PFANDER

in One Supreme Court: Supremacy, Inferiority, and the Judicial Department of the United States

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195340334
eISBN:
9780199867233
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340334.003.007
Subject:
Law, Constitutional and Administrative Law

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 ... More


Supremacy, Inferiority, and Guantanamo Bay

JAMES E. PFANDER

in One Supreme Court: Supremacy, Inferiority, and the Judicial Department of the United States

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195340334
eISBN:
9780199867233
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340334.003.008
Subject:
Law, Constitutional and Administrative Law

This chapter explores the limits of Congress's power to curtail the Court's oversight authority. The first section explores the contours of Congress's authority by reference to the leading cases on ... More


Understanding the Origins of Article I Tribunals

JAMES E. PFANDER

in One Supreme Court: Supremacy, Inferiority, and the Judicial Department of the United States

Published in print:
2009
Published Online:
September 2009
ISBN:
9780195340334
eISBN:
9780199867233
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195340334.003.006
Subject:
Law, Constitutional and Administrative Law

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 ... More


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