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 Article III, § 1, directs that 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,' and provides that these federal courts shall be staffed by judges who hold office during good behavior, and whose compensation shall not be diminished during tenure in office. Schor claims that these provisions prohibit Congress from authorizing the initial adjudication of common law counterclaims by the CFTC, an administrative agency whose adjudicatory officers do not enjoy the tenure and salary protections embodied in Article III.


Although precedents in this area do not admit of easy synthesis, they do establish that the resolution of claims against administrative proceedings cannot turn on conclusory reference to the language of Article III. See, e.g., Thomas, 473 U.S. at 473 U. S. 583. Rather, the constitutionality of a given congressional delegation of adjudicative functions to a non-Article III body must be assessed by reference to the purposes underlying the requirements of Article III. See, e.g., id. at 473 U. S. 590; Northern Pipeline, 458 U.S. at 458 U. S. 64. This inquiry, in ...

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