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Hayburn's Case : ウィキペディア英語版
Hayburn's Case

''Hayburn's Case'', 2 U.S. 409 (1792),〔(2 U.S. 409 ) Excerpted version of the opinion from "The Founders' Constitution" at University of Chicago〕 was a case in which the Supreme Court of the United States was invited to rule on whether certain non-judicial duties could be assigned by Congress to the federal circuit courts in their official capacity. This was the first time that the Supreme Court addressed the issue of justiciability. Congress eventually reassigned the duties in question, and the Supreme Court never gave judgment in this case.
==Facts and procedural history==
By the Invalid Pensions Act of 1792,〔Act of March 23, 1792〕 Congress created a scheme for disabled veterans of the American Revolution to apply for pensions to the United States Circuit Courts.〔Hall, Kermit L. ed. ''The Oxford Companion to the Supreme Court of the United States, Second Edition''. Oxford University Press, 2005. ISBN 0-19-511883-9 p. 427.〕 The decisions of the courts in such cases were subject to stay by the Secretary of War, pending further action by Congress. Three Circuit Courts balked, on the grounds that the Constitution insulated them from such non-judicial duties and preserved their decisions from correction by the political branches. They communicated their objections in remonstrances to the President, who shared them with Congress. In the following Term of the Supreme Court, United States Attorney General Edmund Randolph petitioned for a writ of mandamus commanding the Circuit Court for the District of Pennsylvania to proceed in accordance with the Act. His original petition was made ex officio, but when the Supreme Court expressed doubts about proceeding in such fashion, he changed his position, averring that he was bringing the petition on behalf of William Hayburn, a pension applicant. At that point, the Supreme Court took the matter under advisement and bound the case over until its next term.〔Goebel, Jr., Julius ''1 History of the Supreme Court of the United States: Antecedents and Beginnings to 1801.'' MacMillan Publishing Co., 1971. pp. 560–566.〕 While Hayburn's petition was thus pending, Congress intervened with the Act of February 28, 1793, relieving the Circuit Courts of the duty of processing such pension applications.

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