The last conversation demonstrates that, at the very least occasionally, a low-Blog post III tribunal get perform government adjudication
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It might still be contended that the constitutional non-delegation doctrine prohibits federal arbitral power from being vested in private actors. The Supreme Court’s decisions in Auffmordt v. Hedden, 137 U.S. 310 (1890), and Kendall v. You ex rel. Stokes, 37 U.S. (12 Pet.) 524, 609-13 (1838), however, strongly implied that there is no per se proscription on placing arbitral authority in private actors. We view the Supreme Court’s opinion in Thomas as finally rejecting the argument that the Constitution prohibits the delegation of adjudicative authority in a private party. In Thomas the Court found no particular relevance in the fact that the adjudication was to be performed by “civilian arbitrators, selected by agreement of the parties” as long as the circumstances do not indicate that this mechanism would “diminish the likelihood of impartial decisionmaking, free from political influence.” 473 U.S.