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Consenting To Adjudication Outside The Article Iii Courts, F. Andrew Hessick
Consenting To Adjudication Outside The Article Iii Courts, F. Andrew Hessick
Vanderbilt Law Review
Article III confers the judicial power on the federal courts, and it provides the judges of those courts with life tenure and salary guarantees to ensure that they decide disputes according to law instead of popular pressure. Despite this careful arrangement, the Supreme Court has not restricted the judicial power to the Article III courts. Instead, it has held that Article I tribunals-whose judges do not enjoy the salary and tenure guarantees provided by Article III-may adjudicate disputes if the parties consent to the tribunals' jurisdiction. This consent exception provides the basis for thousands of adjudications by Article I judges …