Key Takeaways

  • Article I courts are legislative courts created by Congress under its Article I powers, not Article III.
  • They handle specialized matters like military justice, veterans’ benefits, tax disputes, and claims against the U.S. government.
  • Judges in Article I courts generally serve fixed terms and lack lifetime tenure, unlike Article III judges.
  • Territorial courts exercise jurisdiction in U.S. territories, blending local and federal functions.
  • Examples include the U.S. Court of Military Appeals, U.S. Court of Veterans Appeals, U.S. Court of Federal Claims, and U.S. Tax Court.
  • Their structure reflects Congress’s authority to create courts for specific needs outside the standard federal judiciary system.

Article I Courts

These are courts created by Congress under its power under Article I of the Constitution and include:

Distinction Between Article I and Article III Courts

Article I courts differ fundamentally from Article III courts, which are the federal judiciary established under the Constitution’s judicial article. Article III courts, such as U.S. District Courts and Courts of Appeals, feature judges with lifetime tenure and salary protection to ensure independence. In contrast, Article I courts are legislative courts created to address specific subject areas where Congress has specialized authority. Judges in Article I courts usually serve limited terms, and Congress may assign them non-judicial functions, something not permitted for Article III judges. This distinction ensures that Article I courts can adapt to the administrative and policy needs of government without conflicting with judicial independence.

Territorial Courts

There are federal courts located in the districts of Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. In most instances, these courts function as U.S. district courts, yet they were created under Article I of the Constitution. These courts, called legislative courts to distinguish them from Constitutional courts, function similarly to state and local courts as well as performing their federal role. The legislative courts have jurisdiction over local cases and also those arising under federal law. These courts may also be given duties by Congress that are not strictly judicial in nature. Unlike the other federal courts, they were created by Congress under the article of the Constitution that grants Congress authority over the territories and other fields of federal power.

The judges of the legislative courts are appointed for a term of 10 years. They are not protected under the Constitution against salary reduction during their terms of office.

In addition to the territorial courts, Congress exercised its power under Article I of the Constitution to establish the U.S. Court of Military Appeals, the U.S. Court of Veterans Appeals, the U.S. Court of Federal Claims, and the U.S. Tax Court.

U.S. Court of Military Appeals

The U.S. Court of Military Appeals was created by Congress in 1951. At that time, Congress also enacted the Uniform Code of Military Justice, which established a military judicial system. This system was designed to balance the need to maintain discipline in the armed forces and to give members of the military services who are accused of crimes rights paralleling those of accused persons in the civilian community.

The court's jurisdiction is worldwide but encompasses only questions of law arising from trials by court-martial in the United States Army, Navy, Air Force, Marine Corps, and Coast Guard in cases where a death sentence is imposed, where a case is certified for review by the Judge Advocate General of the accused's service, or where the accused, who faces a severe sentence, petitions and shows good cause for further review. Such cases are subject to further review by the Supreme Court of the United States. The Supreme Court may also review cases in which the court grants extraordinary relief. The Supreme Court has jurisdiction to review decisions of the military appellate courts in which the United States has taken an appeal from rulings by military judges during trials by court-martial. In the year ended September 30, 1992, 1,541 cases were filed in the U.S. Court of Military Appeals and 1,380 cases were terminated.

The five judges of the Court of Military Appeals are civilians appointed for 15-year terms by the President with the advice and consent of the Senate. The chief judge serves for five years and is succeeded by the next senior judge on the court. The court is located in Washington, D.C.

Military Commissions and Specialized Tribunals

Beyond the U.S. Court of Military Appeals, Congress has also authorized military commissions to try individuals for violations of the laws of war. These commissions, often convened during times of armed conflict, operate under Article I authority rather than Article III judicial power. They demonstrate the flexibility of Article I courts in handling matters essential to national defense that fall outside the civilian judiciary. Their procedures have been subject to significant constitutional scrutiny, particularly in cases involving due process and the separation of powers.

U.S. Court of Veterans Appeals

The U.S. Court of Veterans Appeals was created by Congress in 1988 to exercise exclusive jurisdiction over the decisions of the Board of Veterans' Appeals on the motion of claimants. Such cases include all types of veterans' and survivors' benefits, mainly disability benefits, and also loan eligibility and educational benefits. In the year ended June 30, 1992, the U.S. Court of Veterans Appeals reviewed 1,931 cases and terminated 1,897. Its decisions are subject to limited review by the U.S. Court of Appeals for the Federal Circuit.

The court has seven judgeships. The judges of the court are appointed by the President with the advice and consent of the Senate. The court is based in Washington, D.C., but as a national court, it may sit anywhere in the United States.

Evolving Jurisdiction of Veterans’ Courts

The jurisdiction of the U.S. Court of Veterans Appeals has expanded over time, reflecting Congress’s ongoing effort to ensure fair review for veterans seeking benefits. The court not only reviews decisions of the Board of Veterans’ Appeals but also plays a role in shaping policy through precedential rulings. Importantly, its scope underscores Congress’s recognition that veterans deserve specialized judicial review in recognition of their service.

U.S. Court of Federal Claims

The U.S. Court of Federal Claims, formerly the U.S. Claims Court, was established in 1982 as the successor to the trial division of the Court of Claims, which had been in existence since 1855. The U.S. Court of Federal Claims has nationwide jurisdiction over a variety of cases, including tax refunds, federal taking of private property for public use, constitutional and statutory rights of military personnel and their dependents, back-pay demands from civil servants claiming unjust dismissal, persons injured by childhood vaccines, and federal government contractors suing for breach of contract. Most suits against the government for money damages in excess of $10,000 must be tried here. However, the district courts have exclusive jurisdiction over tort claims (a civil wrong or breach of duty) and concurrent jurisdiction over tax refunds.

The U.S. Court of Federal Claims also hears appeals of decisions of the Indian Claims Commission and has jurisdiction to review certain cases involving federal government contractor disputes. Either house of Congress may refer to the chief judge a claim for which there is no legal remedy, seeking findings and a recommendation as to whether there is an equitable basis upon which Congress itself should compensate the claimant. Review of decisions in the U.S. Court of Federal Claims lies in the U.S. Court of Appeals for the Federal Circuit. During the year that ended September 30, 1992, 736 new cases were filed and 989 cases were terminated. On September 30, 1992, 718 cases were pending in the claims court.

The 16 judges of the U.S. Claims Court are appointed for terms of 15 years by the President with the advice and consent of the Senate. The court's headquarters are in Washington, D.C., but cases are heard at other locations convenient to the parties involved.

Historical Roots of Legislative Courts

The U.S. Court of Federal Claims traces its origins to the mid-19th century, highlighting Congress’s long-standing use of Article I authority to create courts handling claims against the government. The early Court of Claims established the precedent for legislative courts serving as forums where citizens could hold the federal government accountable. This history illustrates how Article I courts have been critical in balancing government power with individual rights.

U.S. Tax Court

Established by Congress in 1924 under Article I of the Constitution, the U.S. Tax Court decides controversies between taxpayers and the Internal Revenue Service involving underpayment of federal income, gift, and estate taxes. Its decisions may be appealed to the federal courts of appeals and are subject to the review of the U.S. Supreme Court on writs of certiorari. In the year that ended September 30, 1992, 30,345 new cases were filed and 34,823 were closed in the U.S. Tax Court. On September 30, 1992, 44,376 cases were pending.

The 19 tax court judges are appointed by the President for terms of 15 years.

The judges of the court elect one of their number to serve a two-year term as chief judge with responsibility for overall administration of the court in addition to a caseload. Retired judges may be recalled by the chief judge for service in the court. In addition, there are currently 17 authorized special trial judges appointed by the chief judge, who serve under rules and regulations promulgated by the court.

The Tax Court hears cases in approximately 80 cities. Its offices are located in Washington, D.C.

Role in Federal Tax Administration

The U.S. Tax Court is central to ensuring consistency and fairness in federal tax disputes. By allowing taxpayers to challenge IRS determinations without first paying the disputed amount, the court provides vital access to justice. Its role as a national court with sessions across the country reflects Congress’s intention that taxpayers, regardless of location, have meaningful opportunities for judicial review.

Frequently Asked Questions

1. What are Article I courts?

Article I courts are legislative courts created by Congress under Article I of the Constitution to handle specialized legal matters, such as military justice or tax disputes.

2. How are Article I courts different from Article III courts?

Article III courts have judges with lifetime tenure and salary protection, while Article I courts have judges with fixed terms and no constitutional salary safeguards.

3. Why did Congress create Article I courts?

Congress established Article I courts to manage specialized areas of law, such as veterans’ benefits, claims against the government, and federal taxation.

4. Do Article I court decisions go to the Supreme Court?

Yes. While Article I courts operate under limited jurisdiction, their decisions can be reviewed by Article III courts and, in some cases, appealed to the U.S. Supreme Court.

5. Where are Article I courts located?

Many, like the Tax Court and Federal Claims Court, sit in Washington, D.C., but they often hear cases nationwide to ensure accessibility.

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