Class 16: Non-Article III Tribunals
Last class, we saw that agencies sometimes act like legislatures, and sometimes act like courts. Back in our classes on the nondelegation doctrine, we asked how it was consistent with our system of separated powers for agencies to promulgate rules that look an awful lot like statutes. Now we need to ask the parallel question about adjudication: how is it consistent with Article III of the Constitution, which vests “judicial power” in Article III courts, for agencies to adjudicate disputes?
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