Some interesting information for review


More to the merits, legislative courts are not required to exercise the Article III guarantees required of constitutional courts. See American Insurance v. 356 Bales of Cotton, 26 U.S. 511, 7 L.Ed. 242 (1828) (C.J. Marshall’s seminal ruling); Benner v. Porter, 50 U.S. 235, 242?243 (1850); Clinton v. Englebrecht, 80 U.S. 434, 447 (1871); Hornbuckle v. Toombs, 85 U.S. 648, 655 (1873); Good v. Martin, 95 U.S. 90, 98 (1877); Reynolds v. U.S., 98 U.S. 145, 154 (1878); The City of Panama, 101 U.S. 453, 460 (1879); Keller v. Potomac Electric Power Co., 261 U.S. 428 (1923); Federal Trade Commission v. Klesner, 274 U.S. 145 (1927); Swift & Co. v. United States, 276 U.S. 311 (1928); Ex parte Bakelite Corporation, 279 U.S. 438 (1929); Federal Radio Commission v. General Electric Co., 281 U.S. 464 (1930); Claiborne?Annapolis Ferry Co. v. United States, 285 U.S. 382 (1932); O’Donoghue v. United States, 289 U.S. 516 (1933); Glidden Co. v. Zdanok, 370 U.S. 530 (1962); and Northern Pipeline Co. v. Marathon Pipe Line Co., 458 U.S. 50 (1982). The U.S. Courts of Appeal are Article III federal courts [cites omitted here].
In Marathon supra, Justice Brennan for the plurality reasoned that Congress could create legislative courts without Article III protections in only three limited settings: (1) territorial courts, (2) courts martial, and (3) courts deciding disputes involving public rights that Congress created in the first instance. Thus, by treating the 50 States as federal Territories and by creating federal citizenship as a municipal franchise, Congress could effectively “broadcast” into those States a legislative court that routinely proceeds without Article III protections! See the 1866 Civil Rights Act, 14 Stat. 27?30, April 9, 1866 A.D. In the legislative USDC, those protections are options, not mandates, particularly when the extension statutes supra are also routinely ignored.


(a)The President shall appoint, by and with the advice and consent of the Senate, sixteen judges who shall constitute a court of record known as the United States Court of Federal Claims. The court is declared to be a court established under article I of the Constitution of the United States.

(b)The President shall designate one of the judges of the Court of Federal Claims who is less than seventy years of age to serve as chief judge. The chief judge may continue to serve as such until he reaches the age of seventy years or until another judge is designated as chief judge by the President. After the designation of another judge to serve as chief judge, the former chief judge may continue to serve as a judge of the court for the balance of the term to which appointed.