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Topic: Article I and Article III tribunals

	The Dispatch - Serving the Lexington, NC - News
		Article III courts comprise the Supreme Court of the United States and the inferior courts established by the Congress.
		Article III includes provisions to protect the courts against influence by the other branches of government: judges may not have their salaries reduced during their tenure in office, and their appointment is for life (barring impeachment and removal for bad behavior).
		Article I tribunals or legislative courts are administrative agencies set up by Congress under Article I of the Constitution, and their judges (often called administrative law judges) are not subject to the Article III protections.
	www.the-dispatch.com /apps/pbcs.dll/section?category=NEWS&template=wiki&text=Article_I_and_Article_III_tribunals (861 words)

	Federal Judicial History \| Article III, Constitution of the United States - Historical Note (Site not responding. Last check: 2007-10-25)
		Article III of the Constitution drafted that summer established a Supreme Court and left for the Congress to determine whether other federal courts would be part of the new nation’s judiciary.
		Article III was more specific in its protection of several rights and liberties, such as the guarantee of trial by jury in criminal cases and freedom from bills of attainder or vague charges of treason.
		Article VI required all judges, like state and federal legislators and executives, to be bound by oath to support the Constitution.
	www.fjc.gov /history/home.nsf/page/01a_bdy (404 words)

	The United States Constitution - The U.S. Constitution Online - USConstitution.net
		This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
		The article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.
		This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.
	www.usconstitution.net /const.html (5152 words)

	FCLR: Magistrate Judges, Article III, and the Power to Preside Over Federal Prsioner Section 2255 Proceedings -- © ...
		Article III of the Constitution provides judges of the Supreme and inferior courts with undiminishable salary and life tenure (judges hold office during "good Behaviour").
		Article III judges do not have to worry that their decisions will cost them their jobs; they can rule according to the law and their consciences, as they see fit.
		Under the Act, Article III judges have the power to designate magistrate positions and to select and remove individual magistrates, as well as the power to control civil cases heard by magistrates through their ability to refer, to cancel a referral, and to review magistrates' cases in some circumstances.
	www.fclr.org /articles/2002fedctslrev2(noframes).htm (12006 words)

	Ordinance No
		The tribunal shall afford the opposing party such opportunity to question the authenticity or probative value of such evidence as in the opinion of the tribunal the ends of justice require.
		He shall be subject to the supervision of the members of the tribunals, except that when at least three tribunals shall be functioning, the presiding judges of the several tribunals may form the supervisory committee.
		ARTICLE XV The judgments of the tribunals as to the guilt or the innocence of any defendant shall give the reasons on which they arc based and shall be final and not subject to review.
	www.ess.uwe.ac.uk /genocide/Ordinance7.htm (2109 words)

	The Constitution of the United States of America
		Thus, Article I courts ``may be created as special tribunals to examine and determine various matters, arising between the government and others, which from their nature do not require judicial determination and yet are susceptible of it.
		Thus, the fact that private rights traditionally at the core of Article III jurisdiction are at stake leads the Court to ``searching'' inquiry as to whether Congress is encroaching inordinately on judicial functions, while the concern is not so great where ``public'' rights are involved.\76\ \75\Thomas v.
		Justice Scalia contended that the power to prosecute is not comprehended within Article III judicial power and that federal judges had no power, inherent or otherwise, to initiate a prosecution for contempt or to appoint counsel to pursue it.
	www.gpoaccess.gov /constitution/html/art3.html (10576 words)

	Statutes & Constitution :Constitution : Online Sunshine
		Article V, relating to the judiciary, was carried forward from the Constitution of 1885, as amended.
		The indexes appearing at the beginning of each article, notes appearing at the end of various sections, and section and subsection headings are added editorially and are not to be considered as part of the constitution.
		Articles or information obtained in violation of this right shall not be admissible in evidence if such articles or information would be inadmissible under decisions of the United States Supreme Court construing the 4th Amendment to the United States Constitution.
	www.leg.state.fl.us /Statutes/index.cfm?Mode=Constitution&Submenu=3&Tab=statutes (14332 words)

	Common Article 3 Of Geneva Conventions, 1949 In The Era Of International Criminal Tribunals - [2001] ISILYBIHRL 11
		Common article 3 appears to have been constructed ambiguously with a view to achieve a delicate compromise acceptable to states which are in favour of the restrictive application of humanitarian law to non-international armed conflict.
		Article 3 is applicable in case of armed conflict not of international character occurring in the territory of one of the contracting parties to the 1949 Conventions.
		The national legislation and the national tribunals are found to discharge the implementation of common article 3 more effectively within the parameters of the constitution and law of the state than the international criminal tribunals which are created to address a particular situation and a need.
	www.worldlii.org /int/journals/ISILYBIHRL/2001/11.html (4491 words)

	SICE - Investment Agreements: Compendium - ARG/ECU BIT (Site not responding. Last check: 2007-10-25)
		Notwithstanding the provisions of Article III (2), MFN treatment shall not apply to privileges accorded by each Contracting Party to investors of any third State by virtue of its participation or association in a free trade agreement, customs union, economic union, common market or regional agreement.
		The treatment referred to in Article III (2) does not extend to benefits which the other Contracting Party receives from bilateral agreements providing concessional financing, such as the agreements subscribed by Argentina with Italy on December 10, 1987 and Spain on June 3, 1988.
		The arbitral tribunal shall decide the dispute in accordance with the provisions of the Agreement, with reference to the laws of the Contracting Party involved in the dispute; terms of any specific agreement concluded in relation to such an investment and principles of international law.
	www.sice.oas.org /cp_bits/english99/argecu.asp (1139 words)

	The Avalon Project : Geneva Convention Relative to the Treatment of Prisoners of War; August 12, 1949
		Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsuccessful escape may be subjected to special surveillance.
		Articles of value and foreign currency which, for any reason whatever, are not restored to prisoners of war on repatriation, shall be despatched to the Information Bureau set up under Article 122.
		Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full particulars of the identity of the person to whom the articles belonged, and by a complete list of the contents of the parcel.
	www.yale.edu /lawweb/avalon/lawofwar/geneva03.htm (17691 words)

	Nuremberg Trials Final Report Appendix L: Ordinance No. 7 - Organization and Power of Certain Military Tribunals
		The tribunal shall have the right to impose upon the defendant, upon conviction, such punishment as shall be determined by the tribunal to be just, which may consist of one or more of the penalties provided in Article II, Section 3 of Control Council Law No. 10.
		In accordance with Article III, Section 5 of Law No. 10, execution of the death sentence may be deferred by not to exceed one month after such confirmation if there is reason to believe that the testimony of the convicted person may be of value in the investigation and trial of other crimes.
		Upon the pronouncement of a death sentence by a tribunal established thereunder and pending confirmation thereof, the condemned will be remanded to the prison or place where he was confined and there be segregated from the other inmates, or be transferred to a more appropriate place of confinement.
	www.jewishvirtuallibrary.org /jsource/Holocaust/ord7.html (2050 words)

	SSRN-Article I Tribunals, Article III Courts, and the Judicial Power of the United States by James Pfander
		The literal terms of Article III have seemed to many to rule out reliance upon Article I tribunals altogether; the provision vests the judicial power of the United States in federal courts whose judges enjoy salary and tenure protections that were designed to ensure judicial independence in a scheme of separated powers.
		In particular, the Article contends that Congress may constitute inferior tribunals to hear matters that it has structured to fall outside the judicial power of the United States under Article III.
		The Article further suggests that the constitutionality of Article I tribunals requires that the tribunals remain inferior to the judicial department of the United States.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=533862 (590 words)

	FindLaw: U.S. Constitution: Article III: Annotations pg. 1 of 25
		Judges in the District of Columbia were held protected by Article III, 30 while, on the other hand, salaries of the judges of the Court of Claims, that being a legislative court, were held subject to the reduction.
		III of the Constitution; legislative courts do not and cannot.'' 49 A two-fold difficulty at tended this proposition, however.
		CIR, 501 U.S. (1991), a controverted decision held Article I courts to be ''Courts of Law'' for purposes of the appointments clause.
	caselaw.lp.findlaw.com /data/constitution/article03/01.html (7444 words)

	Article III (Site not responding. Last check: 2007-10-25)
		Lecky mentions in "England in the Eighteenth Century" that there was "a long and bitter quarrel about the position of the judges" in the Colonies, He says that the colonists wished the judges to hold their office during good behavior and thus be beyond the control of the home government.
		Under the Articles of Confederation there were no such tribunals as the present National (Federal, so called) courts, and experience had taught the positive need of them.
		The Declaration of Independence complained of King George III that "he has combined with others to subject us to a jurisdiction foreign to our Constitution and unacknowledged by our laws"; and it said that he had given "his assent to their acts of pretended legislation...
	www.theawaregroup.com /article3.htm (5068 words)

	Hawai`i State Constitution - Article 18
		Article III, Section 4, to the contrary notwithstanding, the terms of office of the members of the senate elected in the 1978 general election shall be as follows: members of the senate shall be divided into two classes.
		Until otherwise provided by law in accordance with Section 9 of Article III, the salary of each member of the legislature shall be twelve thousand dollars a year.
		The amendments to Sections 1 and 2 of Article V shall limit the term of any person elected to the office of governor or lieutenant governor in the 1978 general election to two consecutive full terms commencing from noon on the first Monday in December, 1978.
	www.hawaii.gov /lrb/con/conart18.html (840 words)

	West Virginia Constitution
		Notwithstanding any provision of section fifty-two of article six of this Constitution, the legislature may, by general law, provide funding for conservation, restoration, management, educational benefit and recreational and scientific use of nongame wildlife resources in this state by providing a specialized nongame wildlife motor vehicle registration plate for motor vehicles registered in this state.
		Subject to the provisions of section fifteen of this article, every bill passed by the Legislature shall, before it becomes a law, be presented to the governor.
		Notwithstanding the provisions of section fifty-one, article six of this constitution, any such bill may be reconsidered even if the Legislature is at the time in extended session for the sole purpose of considering the budget bill, as specified in said section fifty-one.
	www.legis.state.wv.us /WVCODE/WV_CON.cfm (6761 words)

	WTO \| legal texts - Marrakesh Agreement
		(iii) to restrict the quantities permitted to be produced of any animal product the production of which is directly dependent, wholly or mainly, on the imported commodity, if the domestic production of that commodity is relatively negligible.
		Notwithstanding the provisions of paragraph 1 of Article XI, any contracting party, in order to safeguard its external financial position and its balance of payments, may restrict the quantity or value of merchandise permitted to be imported, subject to the provisions of the following paragraphs of this Article.
		Accordingly, a contracting party otherwise complying with the provisions of this Article shall not be required to withdraw or modify restrictions on the ground that a change in those policies would render unnecessary restrictions which it is applying under this Article.
	www.wto.org /english/docs_e/legal_e/gatt47_01_e.htm (5652 words)

	The Case for a State Tax Court
		In the spirit of accountability underlying Congress' recent reform of the federal tax system, this article reviews the systems in place among the various states, and argues that there is significant room for improvement in the procedural remedies provided to taxpayers facing adverse revenue agency decisions in a number of states.
		Part II of this Article aims to provide a legal and policy framework from which to analyze the different types of tribunals for challenging state revenue agency decisions.
		Part III then categorizes and explains the different types of state tax tribunals using an exemplar from each category and addresses recent proposals to reform tax appeal systems.
	www.abanet.org /abastore/index.cfm?fm=Product.AddToCart&pid=5470627I (553 words)

	The Avalon Project : Ordinance No. 11
		Article V of Ordinance No. 7 is amended by adding thereto a new subdivision to be designated "g)", reading as follows:
		"c) Decisions by joint sessions of the Military Tribunals unless thereafter altered in another joint session, shall be binding upon all the Military Tribunals In the case of the review of final rulings by joint sessions, the judgments reviewed may be confirmed or remanded for action consistent with the joint decision.
		Subdivisions g) and h) of Article XI of Ordinance No. 7 are deleted; subdivision i) is relettered "h)"; subdivision j) is relettered "i)"; and a new subdivision, to be designated "g)", is added, reading as follows:
	www.yale.edu /lawweb/avalon/imt/imtor11.htm (304 words)

	Morrison & Foerster LLP - United States - Ballard: The State Tax Implications Are Clear (02/09/2005) from Mondaq
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	www.mondaq.com /article.asp?articleid=34556&lastestnews=1 (242 words)

	Universal Declaration of Human Rights
		Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
		Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
		Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
	www.state.gov /g/drl/hr/60372.htm (1540 words)

	FindLaw's Writ - Dorf: The Misguided Quest for Geographic Uniformity in Capital Punishment
		Article I, Section 8, Clause 8, of the Constitution reflects a judgment that intellectual property, unlike other forms of property, should be defined by federal, rather than state, law.
		In two separate places--Article III, which concerns the federal judiciary, and the Sixth Amendment, which concerns federal criminal trials--the Constitution guarantees that federal criminal trials shall be conducted in front of a jury, and in the state where the crime is alleged to have occurred.
		Because juries were in the eighteenth century, and remain today, the voice of the community--a local voice that is distinct from the aggregate of national public opinion.
	writ.news.findlaw.com /dorf/20030219.html (1784 words)

	Crisis Magazine
		The medieval Inquisition began in 1184 when Pope Lucius III sent a list of heresies to Europe’s bishops and commanded them to take an active role in determining whether those accused of heresy were, in fact, guilty.
		Rather than relying on secular courts, local lords, or just mobs, bishops were to see to it that accused heretics in their dioceses were examined by knowledgeable churchmen using Roman laws of evidence.
		Each tribunal was given two Dominican inquisitors, a legal adviser, a constable, a prosecutor, and a large number of assistants.
	www.crisismagazine.com /october2003/madden.htm (4242 words)

	Supreme Law Library : Reference : White House Constitution : whuscons
		No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
		This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission thereof to the States by Congress.
		This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by convention in the several States, as provided in the Constitution, within seven years from the date of the submission thereof to the States by the Congress.
	www.supremelaw.org /ref/whuscons/whuscons.htm (3718 words)

	The Industrial Tribunals (Northern Ireland) Order 1996
		(e) for enabling an industrial tribunal, on the application of any party to the proceedings before it or of its own motion, to order such discovery or inspection of documents, or the furnishing of such further particulars, as might be ordered by a county court on application by a party to proceedings before it,
		(iii) the circumstances in which any such deposit, or any part of it, may be refunded to the party who paid it or be paid over to another party to the proceedings.
		(4) Industrial tribunal procedure regulations may also include provision for authorising an industrial tribunal to hear and determine any issue relating to the entitlement of any party to proceedings to bring or contest the proceedings in advance of the hearing and determination of the proceedings by that or any other industrial tribunal.
	www.opsi.gov.uk /si/si1996/Uksi_19961921_en_2.htm (6439 words)

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