Rule: Congress has the power to establish non-Article III tribunals to adjudicate certain types of common law counterclaims so long as their function does not interfere with the function of Article III Courts.

Facts: Congress created an independent agency CFTC, Commodity Futures Trading Commission, and gave them the authority to enforce and implement the CEA Commodity Exchange Act. Schor filed complaints against Conti Services, a broker. Schor alleged that his debit balance was the result of Conti’s violations of the Act. Conti denied violating the CEA and instead counterclaimed to collect the debt.
Schor sued, contending that the provisions of Art III, § 1 prohibit Congress from authorizing the initial adjudication of common law counterclaims by the Commission.

Rationale: The Court applied the following test to determine whether the tribunal assumed Article III powers. Test whether the agency has assumed article III powers
1.    Can it issue writ of habeas corpus
2.    Is the area particularized
3.    Does it have complete authority over the matter; is the ruling binding even without the review of a district court.
4.    Can the parties seek remedy in other forums?