le of the Constitution, but is conferred by Congress, in
the execution of those general powers which that body possesses over the
territories of the United States."[115] The Court went on to hold that
admiralty jurisdiction can be exercised in the States in those courts
only which are established in pursuance of article III, but that the
same limitation does not apply to the territorial courts; for, in
legislating for them, "Congress exercises the combined powers of the
general, and of a State government."[116]

Other Legislative Courts

The distinction made in the Canter case has been repeated with
elaborations since 1828, receiving its fullest exposition in Ex parte
Bakelite Corporation,[117] which contains a review of the history of
legislative courts and the cases supporting the power of Congress to
create them. In addition to discussing the derivation of power to
establish legislative courts, the Bakelite case ruled that such courts
"also may be created as special tribunals to examine and determine
various matters, arising between the government and others, which from
their nature do not require judicial determination and yet are
susceptible of it. The mode of determining matters of this class is
completely within Congressional control. Congress may reserve to itself
the power to decide, may delegate that power to executive officers, or
may commit it to judicial tribunals."[118] Among the matters susceptible
of judicial determination but not requiring it are claims against the
States,[119] the disposal of the public lands and claims arising
therefrom,[120] questions concerning membership in the Indian
tribes,[121] and questions arising out of the administration of the
customs and internal revenue laws.[122] For the determination of these
matters Congress has created the Court of Claims, the Court of Private
Land Claims, the Choctaw and Chickasaw Citizenship Court, the Court of
Customs, the Court of Customs and Patent Appeals, and the Tax Court of
the United States (formerly the Board of Tax Appeals).

Power of Congress Over Legislative Courts

In creating legislative courts Congress is not limited by the
restrictions imposed in article III concerning tenure during good
behavior and the prohibition against limitation of salaries. Congress
may limit tenure to a term of years, as it has done in acts creating
territorial courts and the Tax Court of the United States, and it may
subject the judges of legislative