Questionable Constitutionality of Article I - Bankruptcy Courts, The
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Authors
Phipps, Patrick J.
Issue Date
1982
Type
Journal Article
Language
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Abstract
INTRODUCTION|Article I of the Constitution seems to mandate that Congress staff the courts of the United States with judges for life tenure of office with undiminishable compensation. As the Supreme Court has noted, this reflects the framers' intent to protect judicial acts from legislative and executive coercion. However, in some circumstances Congress has established federal tribunals that do not comply with the requirements of article M, relying on the doctrine of legislative courts. A recent example is the congressional response to the overburdened dockets of the federal district courts, in the creation of article I bankruptcy courts...
Description
Citation
15 Creighton L. Rev. 733 (1981-1982)
Publisher
Creighton University School of Law