The Framers, very cognizant of history, sought to frame a constitution that successfully balanced self-government and liberty.
Could executive branch agencies be turned into helpful adjuncts to federal courts without usurping judicial power? Yes they could.
Ilan Wurman is an associate professor of law at the Sandra Day O’Connor College of Law at Arizona State University. He is the author of A Debt Against the Living: An Introduction to Originalism (Cambridge University Press, 2017).