Article III of the Constitution provides that the judicial power shall be “vested in one Supreme Court and in such inferior courts as the Congress may from time to time ordain and establish.” All federal judges who are appointed under Article III have lifetime tenure of office and come to office through presidential nomination and Senate approval.

The language of Article III does not indicate that posts for “non–Article III” judges, who do not enjoy a lifetime appointment or do not come to office through the presidential/Senate appointment process, may be created. Regardless, Congress has delegated judicial powers to non–Article III government officials since the first days of the Constitution.