This article will analyze possible limitations on Congress’ Article I power, concluding that separation of powers jurisprudence offers a practical and appropriate manner in which to check Congressional overreach. Part I traces the development of Congress’ power to create Article I courts. Part II critically evaluates the Northern Pipeline opinions, ultimately finding neither Justice Brennan’s nor Justice White’s conflicting opinions satisfactory. Part III briefly discusses several possible limiting principles on Article I courts before concluding that separation of powers jurisprudence offers a meaningful and pragmatic solution to the problem. Part IV tests the practicality of this new separation of powers test, applying it to both trial level bankruptcy courts and Bankruptcy Appellate Panels to illustrate both its accommodative and limiting capacity. This paper concludes by emphasizing the importance of protecting the integrity of judges individually and the judiciary writ-large from Congressional evisceration.
Kenneth G. Coffin
"Limiting Legislative Courts: Protecting Article III from Article I Evisceration,"
Barry Law Review: Vol. 16
, Article 1.
Available at: https://lawpublications.barry.edu/barrylrev/vol16/iss1/1