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The Constitution of EmpireTerritorial Expansion and American Legal History$
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Gary Lawson and Guy Seidman

Print publication date: 2004

Print ISBN-13: 9780300102314

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300102314.001.0001

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Constitutional Architecture II: Territorial Courts

Constitutional Architecture II: Territorial Courts

(p.139) 5 Constitutional Architecture II: Territorial Courts
The Constitution of Empire

Gary Lawson

Guy Seidman

Yale University Press

This chapter discusses the nature of territorial courts. The judges from territorial courts are outside the scope of the Article III of the United States constitution. Since they are outside the boundaries of what makes a judicial staff, their capability of performing judicial functions without being bound by the specifications of Article III is one of the biggest mysteries in the American constitutional process. The chapter suggests that territorial judges belong to the executive branch of the government, as they can also adjudicate cases in special circumstances.

Keywords:   territorial courts, territorial judges, Article III, constitution, executive branch

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