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Columbia Law School

Columbia Law Review

1984

Supreme Court of the United States

Articles 1 - 1 of 1

Full-Text Articles in Law

The Place Of Agencies In Government: Separation Of Powers And The Fourth Branch, Peter L. Strauss Jan 1984

The Place Of Agencies In Government: Separation Of Powers And The Fourth Branch, Peter L. Strauss

Faculty Scholarship

For the past few years the Supreme Court has been struggling with issues of government structure so fundamental that they might have been thought textbook simple, yet with results that seem to imperil the everyday exercise of law-administration. Under what circumstances can Congress assign the adjudication of contested issues in the first instance to tribunals that are not article III courts? The past century has witnessed the profuse growth of legislation assigning to special adjudicative tribunals – administrative agencies and other article I courts – the power to hold trial-type hearings that might otherwise have been placed in the article III courts ...