Authority for Judiciary under Article II - Explained
Authority for Courts Subject to the President's Control
Written by Jason Gordon
Updated at April 2nd, 2023
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Article II of the Constitution Affect US Courts?
Article II of the US Constitution establishes the executive branch. It grants the President authority to preside over certain administrative agencies and legislative courts created by Congress.
Many administrative agencies create special courts for the adjudication of disputes arising under its jurisdiction or within its regulatory authority. These administrative courts are known as Article I courts based upon their authorization. Legislative courts are courts of special jurisdiction created by Congress to hear special matters.
- Example: Article I courts include bankruptcy, military, tax, and immigration courts. Appeals from these special courts go to Article III courts.
Next Article: Article IV - Territorial Courts Back to: US COURT SYSTEM
Discussion Question
How do you feel about administrative agencies establishing their own courts? How do you feel about the Executive branch overseeing administrative courts? Does the ability to appeal administrative decisions to an Article III court provide sufficient check on the executive branch's authority? [ht_toggle title="Discussion Input" id="" class="" ]
- Some would argue that administrative courts do not offer the same procedural protections of an Article III court, thus should not be allowed. Others focus on the specialty knowledge requirements and procedural efficiency of administrative courts in supporting their existence. The ability to appeal an administrative decision does not come without a substantial burden. Some see this burden as too great and believe that an individual should have a right to proceed directly to challenge an agency decision in an Article III court. Others see the appeals procedure as adequate given that individuals ultimately have the ability to voice their appeals in an Article III court.
Practice Question
The Internal Revenue Service (IRS) is an executive agency under the purview of the President of the United States. John receives a letter from the IRS explaining that he has income tax liability far beyond what John believes is accurate. After disputing the IRS's tax assessment, John decides to bring a legal action in the United States Tax Court challenging the tax amount and obligation to pay. What is the authority of the US Tax Court and does it have the authority to hear the matter of John's tax assessment?
- The US Tax Court was created by Congress and derives its jurisdiction from Article I. SCOTUS reaffirmed the authority of the Tax Court in Freytag v. Commissioner stating that the current United States Tax Court is an "Article I legislative court" that "exercises a portion of the judicial power of the United States."
Related Topics
- US Courts (Intro)
- What is the Authority for Article III Courts?
- What is the Authority for Article I Courts?
- What is the authority for courts under Article II?
- What is the authority for Article IV Territorial Courts?
- What is the authority for State Courts?
- What are Article III Courts?
- What are Article I Administrative Courts?
- What are Article IV Territorial Courts?
- What are state courts?
- What is Subject-Matter Jurisdiction?
- What is Federal Court Subject-Matter Jurisdiction?
- What is State Court Subject-Matter Jurisdiction?
- Can a Federal trial courts hear state matters & vice versa?
- Can a Federal appellate court hear federal matters & vice versa?
- What is Personal Jurisdiction?
- How to establish Federal Court Personal Jurisdiction?
- How to establish State Court Personal Jurisdiction?
- What is a Long-Arm Statute?
- Who are the primary players in the state judicial system?
- What types of judges are part of the judiciary?
- What are the duties of trial judges in the legal system?
- Contempt of Court
- Declaratory Judgment
- Equitable Relief
- Equity - Definition
- What are the duties of Appellate Judges & Justices?
- De Novo Review
- What is the role of jurors in the judicial system?
- What number of jurors and juror votes are required for guilt or liability?
- What do Attorneys do?
- Who are the other players in the judicial system?
- US Circuit Court?
- US Supreme Court?
- Appeals from Legislative and Administrative Courts
- Appeals in the state court system?
