Legal Opinion

Constitutional Limitations on Federal Government Participation in Binding Arbitration

Department of Justice Office of Legal Counsel

Decided September 7, 1995Published

1Opinion of the Court

Constitutional Limitations on Federal Government Participation in Binding Arbitration The Appointments Clause does not prohibit the federal government from submitting to binding arbitra­ tion. N or does any other constitutional provision or doctrine impose a general prohibition against the federal government entering into binding arbitration, although the Constitution does impose substantial lim its on the authority of the federal government to enter into binding arbitration in specific cases. September 7, 1995 M e m o r a n d u m O p in io n f o r t h e A s s o c i a t e A t t o r n e y G e…

2Cases cited64 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Buckley v. ValeoSupreme Court of the United States · 1976
  4. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  5. Weinberger v. SalfiSupreme Court of the United States · 1975

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