Congress steadily delegates private claims adjudication to courts and agencies

Evidence

The history of private bill practice reveals a slow but steady drift toward congressional delegation to courts and agencies of the function of considering private claims or requests for special treatment. An important exception to this is the increase in recent years of private bills concerned with problems of immigration and citizenship. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 2294

Categorization

• XREF: Connects to the prior chapters’ pattern of Congress substituting insurance, court-consent statutes, and administrative settlement for private bill legislation. — connects to: The Tucker Act made the United States widely suable on contract and constitutional claims — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2236; Private bills persist partly because Congress waives requirements courts would impose — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 2298; Congress can confer exclusive jurisdiction on a specific federal court for disaster claims — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1935 (+3 more)

Broader Connections

• Congress deliberately delegated antitrust law creation to the courts via broad statutory language #expands (0.85) — Frederick Schauer, Thinking Like a Lawyer, 273