User talk:Jerry Edward Stephens: Difference between revisions
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:I think we could be in partial agreement. It is certainly correct to consider "administrative law judges" and "administrative law courts" as parts of a very broad United States judicial system. Administrative law judges certainly are making decisions judicially. But, where I disagree is in equating these ALJs and their courts as the same as the federal judiciary created by Congress under the authority of the U.S. Constitution. I would, arguably, limit the United States judicial system to the courts ranging from the Supreme Court down to the "inferior" courts created under Article III of the Constitution. All the other administrative law courts are created by the legislation that crated the administrative agency itself. These invariably operate judicially under the authority and procedures of the Administrative Procedure Act. This judicial decisionmaking under the authority of the Administrative Procedure Act makes these administrative agencies -- and their courts -- qualitatively different than the Article III courts created under the provisions of the Constitution. A reasonable solution would, in my view, be to draft a broad article addressing the "judicial system" of the US which would include the administrative and constitutional courts. But a separate article for the "judicial branch" woul, of necessity, be limited to the courts created by Congress out of constitutional authority. | :I think we could be in partial agreement. It is certainly correct to consider "administrative law judges" and "administrative law courts" as parts of a very broad United States judicial system. Administrative law judges certainly are making decisions judicially. But, where I disagree is in equating these ALJs and their courts as the same as the federal judiciary created by Congress under the authority of the U.S. Constitution. I would, arguably, limit the United States judicial system to the courts ranging from the Supreme Court down to the "inferior" courts created under Article III of the Constitution. All the other administrative law courts are created by the legislation that crated the administrative agency itself. These invariably operate judicially under the authority and procedures of the Administrative Procedure Act. This judicial decisionmaking under the authority of the Administrative Procedure Act makes these administrative agencies -- and their courts -- qualitatively different than the Article III courts created under the provisions of the Constitution. A reasonable solution would, in my view, be to draft a broad article addressing the "judicial system" of the US which would include the administrative and constitutional courts. But a separate article for the "judicial branch" woul, of necessity, be limited to the courts created by Congress out of constitutional authority. | ||
== Could you take a look? == | |||
Hi Jerry, I see that you have been doing some really good work on some law articles here. Would you consider taking a look and perhaps commenting on [http://en.citizendium.org/wiki/Talk:Art_Fraud_at_Tamara_Bane_Gallery this article]? We need to bring it in line with an encyclopedia type format and would hope that you might have some pointers for them! As a constable, I'd like to see things proceed in a professional manner! Thanks in advance! [[User:D. Matt Innis|D. Matt Innis]] 23:07, 26 December 2009 (UTC) | |||
Latest revision as of 09:48, 7 March 2024
Welcome!
Welcome to the Citizendium! We hope you will contribute boldly and well. Here are pointers for a quick start. You'll probably want to know how to get started as an author. Just look at CZ:Getting Started for other helpful "startup" links, and CZ:Home for the top menu of community pages. Be sure to stay abreast of events via the Citizendium-L (broadcast) mailing list (do join!) and the blog. Please also join the workgroup mailing list(s) that concern your particular interests. You can test out editing in the sandbox if you'd like. If you need help to get going, the forums is one option. That's also where we discuss policy and proposals. You can ask any constable for help, too. Me, for instance! Just put a note on their "talk" page. Again, welcome and have fun! Hayford Peirce 18:14, 26 November 2009 (UTC)
Judicial branch vs. Judicial system
We should agree on the proper top-level article. My thinking, in creating U.S. judicial system, is that the real system includes administrative law courts, so it's not limited to Article III courts. You obviously are correct that the Judicial Branch of the United States is strictly defined by Article III. Can we combine these ideas?
Howard Howard C. Berkowitz 16:33, 21 December 2009 (UTC)
- I think we could be in partial agreement. It is certainly correct to consider "administrative law judges" and "administrative law courts" as parts of a very broad United States judicial system. Administrative law judges certainly are making decisions judicially. But, where I disagree is in equating these ALJs and their courts as the same as the federal judiciary created by Congress under the authority of the U.S. Constitution. I would, arguably, limit the United States judicial system to the courts ranging from the Supreme Court down to the "inferior" courts created under Article III of the Constitution. All the other administrative law courts are created by the legislation that crated the administrative agency itself. These invariably operate judicially under the authority and procedures of the Administrative Procedure Act. This judicial decisionmaking under the authority of the Administrative Procedure Act makes these administrative agencies -- and their courts -- qualitatively different than the Article III courts created under the provisions of the Constitution. A reasonable solution would, in my view, be to draft a broad article addressing the "judicial system" of the US which would include the administrative and constitutional courts. But a separate article for the "judicial branch" woul, of necessity, be limited to the courts created by Congress out of constitutional authority.
Could you take a look?
Hi Jerry, I see that you have been doing some really good work on some law articles here. Would you consider taking a look and perhaps commenting on this article? We need to bring it in line with an encyclopedia type format and would hope that you might have some pointers for them! As a constable, I'd like to see things proceed in a professional manner! Thanks in advance! D. Matt Innis 23:07, 26 December 2009 (UTC)