The independence of the judiciary, rule of law, and trial by jury are hard won treasures of the American legal order. Over the course of centuries, the English people developed the common law and its courts. The power and independence of these courts have faced perennial challenges\u2014from the King\u2019s prerogative tribunals during the seventeenth century to juryless vice-admiralty tribunals in the years preceding the American Revolution. In response to these extra-legal encroachments on the rule of law, the American Founders enacted Article III of the United States Constitution, the Due Process Clause, and the Seventh Amendment. But these constitutional protections face a renewed threat in the rise of the administrative state and its neo-prerogative tribunals.<\/p>\n
This article defends the original model of adjudication inside Article III created by Article III, the Due Process Clause, and the Seventh Amendment.\n\t\t\n\t\t\t