Federal tribunals in the United States
Federal tribunals in the United States are those tribunals established by the federal government of the United States for the purpose of resolving disputes involving or arising under federal laws, including questions about the constitutionality of such laws. Such tribunals include both Article III tribunals (federal courts) as well as adjudicative entities which are classified as Article I or Article IV tribunals. Some of the latter entities are also formally denominated as courts, but they do not enjoy certain protections afforded to Article III courts. These tribunals are described in reference to the article of the United States Constitution from which the tribunal's authority stems. The use of the term "tribunal" in this context as a blanket term to encompass both courts and other adjudicative entities comes from section 8 of Article I of the Constitution, which expressly grants Congress the power to constitute tribunals inferior to the Supreme Court of the United States.
Article I tribunals[edit]
Article I tribunals include Article I courts (typically called a "Board," "Commission," and occasionally "Court") set up by Congress to review agency decisions, military courts-martial appeal courts, ancillary courts with judges appointed by Article III appeals court judges, or administrative agencies and administrative law judges (ALJs). Most Article I judges are called "administrative law judge;" some have other titles such as "Administrative Patent Judge" or "Commissioner." Article I judges do not enjoy the same protections as their Article III counterparts. For example, these judges do not enjoy life tenure, and Congress may reduce their salaries.
The existence of Article I tribunals has long been controversial, and their power challenged numerous times. The Supreme Court has consistently affirmed their Constitutionality, and has delineated their power on several occasions. In Murray's Lessee v. Hoboken Land & Improvement Co. (59 U.S. (18 How.) 272 (1856)) the Supreme Court ruled that some legal matters, specifically those involving public rights, are inherently judicial, and thus Article I tribunal decisions are susceptible to review by an Article III court. Later, in Ex parte Bakelite Corp. (279 U.S. 438 (1929)), the Court declared that Article I courts "may be created as special tribunals to examine and determine various matters, arising between the government and others, which from their nature do not require judicial determination and yet are susceptible of it".[2]
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