Reconceptualizing Non-Article III Tribunals

TL;DRAbstract

The Supreme Court’s Article III doctrine is built upon an explicit assumption that Article III must accommodate non-Article III tribunals in order to allow Congress to “innovate” by creating new procedural structures to further its substantive regulatory goals. In this Article, I challenge that fundamental assumption. I argue that each of the types of non-Article III innovation and the underlying procedural goals cited by the Court can be obtained through our Article III courts. The Article then demonstrates that these are not theoretical or hypothetical solutions, but instead are existing structures already in place within Article III. Demonstrating that the foundation of our existing Article III doctrine cannot stand does not necessarily require the invalidation of all non-Article III tribunals. Instead, it requires a new generation of theory, built upon a more accurate conception of the forms of adjudication. This Article proposes two pillars upon which this new jurisprudence may re

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