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- Article I and Article III of the U.S. Constitution both deal with the establishment of federal courts, but they have different implications for the judicial power and independence of such courts. Article III vests the judicial power of the United States in federal courts whose judges enjoy salary and tenure protections1, while Article I may allow Congress to create other tribunals that do not employ life-tenured judges2. The relationship and overlap between the two provisions is a matter of debate and controversy.Learn more:✕This summary was generated using AI based on multiple online sources. To view the original source information, use the "Learn more" links.The literal terms of Article III appear to rule out reliance upon Article I tribunals altogether; Article III vests the judicial power of the United States in federal courts whose judges enjoy salary and tenure protections that were designed to ensure judicial independence in a scheme of separated powers.www.scholars.northwestern.edu/en/publications/art…
For the most part, scholars and jurists have assumed that the two provisions overlap—that Article I simply restates Congress’s power under Article III to “ordain and establish” federal courts. 1 On such a view, congressional reliance on state courts and Article I tribunals as courts of first instance would seem anomalous; such bodies do not typically employ life-tenured judges and cannot exercise the judicial power of the...
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