Article I tribunal

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An Article I tribunal is a federal court organized under Article One of the United States Constitution. Article I courts are created by the legislature and have differing levels of independence from the executive and legislative branches. They can be Article I Courts (also called legislative courts) set up by Congress to review agency decisions, ancillary courts with judges appointed by Article III appeals court judges, or administrative agencies.[1]

The jurisdiction of Article I tribunals has been challenged before the Supreme Court, which ruled that Article I tribunals may exist, but their power must be circumscribed and, when a potential deprivation of life, liberty, property, or property interest is involved, their decisions are subject to ultimate review in an Article III court.[2]

Differences with Article III judges

Article I federal judges are not subject to the same protections as Article III judges. Article I judges do not have life tenure and their salaries may be reduced by Congress.

Article I courts

United States Tax Court

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  • The United States Tax Court has jurisdiction over disputes that involve the federal income tax.
  • The court is authorized to have 19 federally appointed judges.
  • A judge's term is 15 years in length, not a lifetime appointment.
  • The court was created on December 30, 1969, by the Tax Reform Act of 1969.[3]

United States Court of Appeals for the Armed Forces

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  • The United States Court of Appeals for the Armed Forces has jurisdiction over all United States military appeals worldwide.
  • The court is authorized to have 5 federally appointed judges.
  • A judge's term is 15 years in length.
  • The court was created on May 31, 1951.
  • The court was originally called the United States Court of Military Appeals and was changed to its current name in 1994.[4]

Court of Military Commission Review

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  • The United States Court of Military Commission Review reviews military commission cases submitted to the court.
  • The court is composed of panels of at least three appellate military judges.
  • The court was created in 2009 after Congress passed the Military Commissions Act of 2009, which allowed the rights of the accused in military commissions to be expanded.[5]

United States Court of Appeals for Veterans Claims

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  • The United States Court of Appeals for Veterans Claims hears appeals of the Board of Veteran Appeals.
  • The court is authorized to have 7 judges.
  • Judges are appointed to 15-year terms, after which they may be called back to serve on senior status.
  • The court was created on November 18, 1988, in response to lack of judicial review of claims made by veterans after the Vietnam War.
  • The court was originally named the United States Court of Veterans Appeals and was changed to its current name in 1999.

United States Court of Federal Claims

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  • The United States Court of Federal Claims has congruent jurisdiction with the district courts over contractual monetary claims against the federal government under $10,000 and sole jurisdiction on cases over $10,000.[6]
  • The court is authorized to have 16 judges.
  • Judges of the court serve 15-year appointments.
  • The court was created in 1855 as the United States Court of Claims.

United States Bankruptcy Courts

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  • The United States Bankruptcy Courts have jurisdiction over bankruptcy cases in each of the 94 federal districts.
  • Judges of the court serve appointed 14-year terms.
  • As of September 2012 there were 352 authorized judgeships
  • The Bankruptcy Reform Act of 1978 officially separated the bankruptcy cases from the district courts and created the Bankruptcy Courts.[8]

See also

External links

Refrences

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