Legislative Court (West's Encyclopedia of American Law)
The term legislative court was coined in 1828 by Chief Justice JOHN MARSHALL, who wrote the opinion in American Insurance Co. v. Canter, 26 U.S. (1 Pet.) 516, 7 L. Ed. 242 (1828). In Canter, the High Court ruled that the U.S. Congress had the power to establish a federal court in the U.S. territory of Florida. Marshall held that Congress had this power under Article I, Section 8, Clause 9, of the U.S. Constitution. Marshall called courts created under this provision "legislative courts, created in virtue of the general right of sovereignty, which exists in the government."
On the federal level, the congressional authority to create courts is found in two parts of the U.S. Constitution. Under Article III, Section 1, "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Article III, Section 1, also provides that the judges in the Supreme Court and in the inferior courts will not have their pay diminished and will hold their office during good behavior. This section establishes an independent judiciary that cannot be influenced by threats of pay cuts or of removal without cause. Article III courts are called constitutional courts.
Article I, Section 8, Clause 9, confers on Congress the power to "constitute Tribunals inferior to the supreme...
(The entire section is 1024 words.)
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