Indiana Law Journal Volume 42 | Issue 2 Article 1 Winter 1967 Separation of Powers: The heP nomenon of Legislative Courts Edwin H. Greenebaum University of Arkansas W. Willard Wirtz U.S. Labor Department Follow this and additional works at: http://www.repository.law.indiana.edu/ilj Part of the Courts Commons, and the Legislation Commons Recommended Citation Greenebaum, Edwin H. and Wirtz, W. Willard (1967) "Separation of Powers: The heP nomenon of Legislative Courts," Indiana Law Journal: Vol. 42 : Iss. 2 , Article 1. Available at: http://www.repository.law.indiana.edu/ilj/vol42/iss2/1 This Article is brought to you for free and open access by the Law School Journals at Digital Repository @ Maurer Law. It has been accepted for inclusion in Indiana Law Journal by an authorized editor of Digital Repository @ Maurer Law. For more information, please contact
[email protected]. INDIANA LAW JOURNAL Volume 42 Winter 1967 Number 2 SEPARATION OF POWERS: THE PHENOMENON OF LEGISLATIVE COURTS EDWIN H. GREENEBAUM t W. WILLARD WIRTZ t Federal legislative courts are tribunals which hear, decide, and ren- der binding judgments in "cases" and "controversies" which may be constitutionally entertained by courts established pursuant to the third article of the Constitution,' but whose judges do not enjoy the salary and tenure guaranties provided by article III. These tribunals sometimes act in non-judicial ways, performing legislatively assigned tasks which cannot be performed by article III courts, but when legislative courts do act in a judicial manner their judgments are directly reviewable by the Supreme Court.2 The Supreme Court has recognized the constitu- tional existence of such tribunals in several cases,' but the opinions in those cases have not produced clarity as to how legislative courts can be permitted in a government with a constitutional separation of powers or as to whether there are any constitutional limitations on what matters Congress may entrust to legislative courts to the exclusion of any orig- inal juridiction in article III or state courts.