52 Journal of Regulatory Compliance Issue II
whichever procedural requirements Congress has imposed.238 But where
historical liberty and vested private property interests are at stake, even the
impartiality protections available through formal APA adjudication just are
The recent Article II cases involving the SEC thus reveal yet another
constitutional ground for reconsidering whether agency adjudication is the
proper forum to evaluate deprivations of liberty and property interests. If
Congress feels restricting agency adjudication would burden Article III
courts with untenably broad jurisdiction, perhaps that is an indication that the
breadth of issues subject to federal jurisdiction—and indeed, federal power
of any kind—is too broad today.240
238. See supra notes 221–34 and accompanying text.
239. See Chapman & McConnell, supra note 22, at 1804 (“An Article III judge is required
in all federal adjudications, unless the text and historical practice of the Constitution expressly
or implicitly give Congress the power to authorize them.” (internal quotation omitted)).