legislative court
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 312 U.S. 584 - United States v. Sherwood · 1941Most cited · 6,660 citing opinions
The Court of Claims is a legislative, not a constitutional court. Its judicial power is derived not from the Judiciary Article of the Constitution, article 3, but from the Congressional power 'to pay the debts * * * of the United States', article 1, § 8, cl.
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How often courts cite the cases defining “legislative court”
Court decisions citing the 2 opinions that defined “legislative court” — 7,001 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1933–1941
- ORIGINAL
The Court of Claims was created, and has been maintained, as a special tribunal to examine and determine claims for money against the United States. This is a function which belongs primarily to Congress as an incident of its power to pay the debts of the United States. But the function is one which Congress has a discretion either to exercise directly or to delegate to other agencies.
Court of Claims