Question

Are Article III courts in the best position to decide on questions of Fact? Why or Why not?

Answer 1

The article 3 courts are not in the best position to decide on the question of fact.The main focus of article 3 is the judicial branch and what powers the courts have.In legal cases, the supreme court has given power to make the law.The U.S. Supreme Court is the only federal court established. Beyond this, Article 3 of the Constitution left it to the discretion of Congress to “ordain and establish” lower federal courts to conduct the judicial business of the federal government. Article 3's seemingly literal command that the “judicial power” shall extend to all cases “arising under” the Constitution or federal law, Congress has assigned a host of cases arising under federal law to non-Article 3 bodies. Unlike Article 3 judges, these bodies, generally referred to as “non-Article 3 courts,” “legislative courts,” or “Article 1 courts,” enjoy neither lifetime tenure nor salary protection.Article 3’s absolute command must give way to Congress’s exercise of its Article 1 powers. This theory has been used to justify the creation of territorial courts, military courts, and the adjudication of cases involving rights created by Congress.