This is the Cato Daily Podcast for Friday, July 29th, 2022. I'm Caleb Brown.

There are courts that operate at the federal level that are, well, let's just say they're not courts in the way that we're used to thinking of them.

And when it comes to giving the people who appear before those courts due process,

well, due process may not be the most important factor in these courts adjudications.

Cato's Will Yeatman details the due process problems in these Article 2, so-called

administrative courts. We are familiar with law and order. There is an arrest. There was a crime committed and then you go to court.

And most people probably don't recognize those courts as being a specific delegation from state government or federal

government. This is Article 3. This is the judicial branch of government in operation. But within the executive

branch, administrative agencies, there are courts that exist that are known as Article

2 courts that are known as Article 2 courts that are within administrative agencies like the

Securities and Exchange Commission, various other departments that have these so-called Article 2 courts. and I guess

guess various other departments that have these so-called Article 2 courts.

And I guess people don't really appreciate that there's maybe a there's a massive

difference between what you are do as a constitutional matter in this

court versus that court.

So how do you understand the Article 2 court, these administrative agency courts that

operate within the federal government?

Yeah, let me set the table here.

So these Article 2 courts have existed for more than 100 years,

and for more than 100 years, they've been controversial.

So critics have long observed the obvious constitutional problems,

the obvious separation of powers problems, the obvious due process problems

...