3 ms·
That hasn’t been determined, and while they’re sometimes controversial, I’m not sure they are unconstitutional as long as there’s a path to appeal to Article II
by SllX 3y ago
That hasn’t been determined, and while they’re sometimes controversial, I’m not sure they are unconstitutional as long as there’s a path to appeal to Article III courts.
Just as a point of reference, military tribunals and immigration courts also fall outside of Article III as well.
- agensaequivocum 3y ago[flagged]
- lolinder 3y ago5 U.S.C. § 3105 pretty clearly creates a set of administrative law judges under each agency. The decisions reached by these agencies can be appealed in a federal court, making them ultimately inferior to the Supreme Court. What about this setup violates the clause you quoted? https://www.law.cornell.edu/uscode/text/5/3105 https://www.law.cornell.edu/uscode/text/5/3105
- tremon 3y agoI see a lot of handwaving and very little substance. Can you make a direct, explicit argument please?
- lokar 3y ago[flagged]