Federal Judicial Powers - Organization & Jurisdiction Flashcards
1
Q
What was the rule of law that came from Palmore v. U.S.?
A
Congress is not required to provide an Article III court for the trial of criminal cases under its laws applicable only in DC
Because DC is not a state, Congress creates laws in DC, so, they can create non-article III courts to enforce them via the ordain and establish clause
2
Q
Which branch of the government creates non-article III courts?
A
Congress/Legislative branch
3
Q
How is Congress able to create non-article III courts?
A
Through the ordain and establish clause
4
Q
What are 4 examples of non-article III courts?
A
- Military Tribunals
- DC
- Territorial Courts (Puerto Rico & Guam)
- Agency adjudication - cases involving public rights (like social security)