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Full-Text Articles in Law
Federal Courts: Art. Iii(1), Art. I(8), Art. Iv(3)(2), Art. Ii(2)/I(8)(3), And Art. Ii(1) Adjudication, Laura K. Donohue, Jeremy M. Mccabe
Federal Courts: Art. Iii(1), Art. I(8), Art. Iv(3)(2), Art. Ii(2)/I(8)(3), And Art. Ii(1) Adjudication, Laura K. Donohue, Jeremy M. Mccabe
Georgetown Law Faculty Publications and Other Works
The distinction among the several types of federal courts in the United States has gone almost unremarked in the academic literature. Instead, attention focuses on Article III “constitutional” courts with occasional discussion of how they differ from what are referred to as “non-constitutional” or “legislative” courts. At best, these labels are misleading: all federal courts have a constitutional locus, and most, but not all, federal courts are brought into being via legislation. The binary approach further ignores the full range of federal courts, which are rooted in different constitutional provisions: Art. III(1), Art. I(8); Art. IV(3); Art. II(2)/I(8)(3); and Art. …