argued october decided december together et also appeal interlocking network federal statutes fixes compensation federal officials including federal judges provides annual adjustments salary determined way federal employees generally four consecutive fiscal years hereafter years congress respect officials enacted statutes stop reduce previously authorized increases initially intended automatically operative statutory scheme years statutes became law start fiscal year years became law first day fiscal year number district judges appellees filed class actions district challenging validity statutes compensation clause constitution provides federal judges shall receive compensation shall diminished continuance office district granted summary judgments appellees held jurisdiction appeals providing appeals judgments holding act congress unconstitutional civil action party district jurisdiction actions confers district courts claims concurrent jurisdiction actions based constitution amount controversy exceed none individual claims alleged exceeded amount pp title requires federal judge disqualify proceeding impartiality might reasonably questioned financial interest subject matter controversy party proceeding reason rule necessity operate disqualify federal judges including justices deciding issues presented cases circumstances cases article iii judges interest outcome possible assign substitute district judge chief justice remit appeal authorized statute division appeals judges subject disqualification provisions rule necessity judge even though interest case duty hear decide case otherwise heard prevails disqualification standards far promoting purpose reaching disqualification individual judge another case may assigned failure apply rule necessity cases contrary effect denying litigants right forum public might denied resolution crucial matter involved first district judge justices ignore mandate rule necessity decline answer questions presented pp statutes question years years violated compensation clause pp four years question congress intended effect repeal postpone previously authorized salary increases federal judges simply consign increases fiscal limbo account due payable pp since statute applying year became law first day fiscal year time salary increases already taken effect purported repeal salary increase already force thus diminished compensation federal judges statute included salary freeze federal officials protected compensation clause insulate direct diminution judges salaries clear mandate clause pp statutes applying years became law scheduled salary increases federal judges taken effect become part compensation due article iii judges hence sense diminished compensation judges receiving pp even though statute applying year referred executive employees includes members congress expressly mention judges appears congress intended include article iii judges accordingly statute similarly statute applying year purported revoke increase judges compensation statutes granting increase taken effect violated compensation clause pp burger delivered opinion members joined except blackmun took part decision cases acting solicitor general geller argued cause briefs assistant attorney general daniel mark levy anthony steinmeyer neil koslowe mark mutterperl kevin forde argued cause appellees brief richard fn briefs amici curiae urging affirmance cases filed leonard janofsky john sutro francis kirkham douglas floyd american bar association richard william austin john mccarthy chicago bar association nancy bekavac richard coleman los angeles county bar association chief justice burger delivered opinion appeals present questions whether compensation clause art iii congress may repeal modify statutorily defined formula annual increases compensation federal judges whether must act particular increases take effect congress enacted interlocking network statutes fix compensation officials executive legislative judicial branches including federal judges provides quadrennial review overall salary levels annual adjustments determined fashion federal employees generally four consecutive fiscal years congress respect executive branch legislative judicial salaries enacted statutes stop reduce previously authorized increases initially intended automatically operative statutory scheme executive determined amount two years legislation signed president became law start fiscal year two years first day fiscal year salaries executive legislative judicial officials set postal revenue federal salary act stat amended ed supp iii salary act provides quadrennial review starting officials compensation commission executive legislative judicial salaries periodically examines salary levels positions relation one another general schedule gs matrix grades steps determines salaries federal employees recommendations submitted president turn submits report recommendations congress next budget house congress must vote president proposal within days houses approve adjustment takes effect start first pay period beginning days thereafter congress adopted executive salary adjustment act pub stat adjustment act subjects salaries covered salary act annual adjustment made general schedule federal pay comparability act comparability act requires year president designate agent compare federal salaries data salaries compiled bureau labor statistics agent must undertake certain steps investigation ultimately submit report president recommending adjustments deemed appropriate bring federal employees salaries line prevailing rates private sector separate advisory committee federal pay reviews report makes independent recommendation thereafter president issues order adjusting salaries federal employees submits report congress listing overall percentage adjustment including reports recommendations submitted subject president believes economic conditions conditions national emergency make planned adjustment inappropriate may submit congress september alternative plan adjusting federal employees salaries alternative plan controls unless within days continuous legislative session either house congress adopts resolution disapproving president proposed plan one house disapproves agent recommendation governs increases take effect start first pay period starting beginning federal fiscal year october complex web base salaries adjusted annually civil service employees quadrennially positions led following statutory definition district judge compensation judge district shall receive salary annual rate determined section federal salary act adjusted section title october gs salaries increased average terms comparability act federal judges officials covered adjustment act received similar increases following four years however congress adopted statute altered application adjustment act officials three branches subject avoid confusion generated fiscal year number different calendar year begins refer years turn specific actions taken four years question year one funds contained act shall used increase salaries members house representatives part funds appropriated act act shall used pay salary individual position office referred section federal salary act amended including delegate house representatives rate exceeds salary rate effect september position office march members congress federal judges employees executive branch received raises pursuant quadrennial review salary act salary district judge example increased circuit judges special appellate judges associate justices fed reg year first adjustment act made date enactment act following provisions law salary rate pay positions individuals provisions apply october shall take effect section title code relating comparability adjustments salary rate pay justices judges commissioners referees year part funds appropriated fiscal year ending september act act may used pay salary pay individual office position legislative executive judicial branch government district columbia rate exceeds rate maximum rate higher salary basic pay payable office position september year fiscal year funds available payment executive employees includes members congress existing law entitled approximately percent increase pay shall used pay employee elected appointed official sum excess percent increase existing pay sum accepted shall lieu percent due fiscal year february district judges filed action district northern district illinois complaint named defendant challenged validity statutes years compensation clause art iii plaintiff judges certified representatives two classes article iii judges classes defined reference years government opposing certification classes defended validity statutes opinion filed august district granted summary judgment plaintiffs appellees supp corresponding judgment order entered september appeal government postponed decision jurisdiction hearing merits directed parties address effect jurisdiction district comes us similar complaint filed district northern district illinois october district entered judgment issue time statutes years judges joined one sought represent two classes article iii judges defined years defendant case referred member district presided proceedings january district entered order certifying classes granting summary judgment plaintiffs appellees based decision held statute year violated compensation clause noted respect year relevant statute referred executive employees held doubtful congress intended statute apply judges statute unconstitutional congress intend either case adjustment act increase year took effect judgment appellees formally entered february government appeal postponed consideration jurisdiction merits consolidated case briefing oral argument ii jurisdiction disqualification federal courts generally individual judge disqualified particular case reason disqualified judge simply steps aside allows normal administrative processes assign case another judge disqualified cases us however article iii judges interest outcome assignment substitute district judge possible one justices recused statutory quorum six justices eligible act remains available see may continue hear case even justices disqualified particular case authorizes chief justice remit direct appeal appeals final decision judges disqualified however highly unusual setting cases even authority assign federal judges sit temporarily ed supp iii possible convene division appeals judges subject disqualification provisions precisely considerations kind gave rise rule necessity principle common law pollack put although judge better avoided take part decision case personal interest yet may must case heard otherwise pollack first book jurisprudence ed rule necessity rule necessity consistently applied country state federal courts state ex rel mitchell sage stores kansas observed well established actual disqualification member last resort excuse member performing official duty failure result denial litigant constitutional right question properly presented adjudicated true rule unquestionably wherever becomes necessary judge sit even interest provision made calling another one else take place duty hear decide however disagreeable may philadelphia fox concept absolute duty judges hear decide cases within jurisdiction revealed pollack supra philadelphia fox supra reflected decisions earlier cases dealing compensation clause directly involve compensation justices name parties express reference rule found see woodrough evans gore evans however action brought individual judge behalf clear implication dealt rule individual relation members question regret solution falls us jurisdiction present case declined renounced plaintiff entitled law invoke decision question respects compensation judge direct personal interest appellate tribunal law go limited purpose section reasonable factual basis doubting judge impartiality disqualify let another judge preside case emphasis added emphasis added statutes contain ample authority chief judges assign judges replace either circuit district judge become disqualified supra emphasis added supra emphasis added therefore hold intended congress alter rule necessity casually infer legislative executive branches sought enactment foreclose federal courts exercising province duty judicial department say law marbury madison cranch iii compensation clause judges inferior courts shall hold offices good behaviour shall stated times receive services compensation shall diminished continuance office art iii general course human nature power man subsistence amounts power judges commissions made quamdiu se bene gesserint good behavior salaries ascertained established iii ch iii cl originally protections applied colonial judges well however king converted tenure colonial judges service pleasure interference change brought administration justice colonies soon became one major objections voiced crown indeed declaration independence listing grievances king complained made judges dependent alone tenure offices amount payment salaries madison notes constitutional convention reveal draftsmen first reached tentative arrangement whereby congress neither increase decrease compensation judges later gouverneur morris succeeded striking prohibition increases others believed congress liberty raise salaries meet contingencies inflation phenomenon known day madison opposed change ground judges might tend defer unduly congress body considering pay increases concern ravages inflation revealed madison comment variations value money may guarded agst taking standard wheat thing permanent value farrand records federal convention readily understood fluctuations value money state society rendered fixed rate compensation judges constitution inadmissible might extravagant might half century become penurious inadequate therefore necessary leave discretion legislature vary provisions conformity variations circumstances yet restrictions put power body change condition individual worse federalist pp iv four statutes us present issue never addressed ever compensation clause prohibit congress repealing salary increases otherwise take effect automatically pursuant formula previously enacted must decide salary increase authorized congress formula vests becomes irreversible compensation clause protection clause first invoked formula enacted increases take effect appellees argue need reach constitutional question contend congress intended four statutes halt funding salary increases adjustment act appellees contend statutes appropriations measures alter substantive law increases four years nevertheless effect government obliged pay simply authorize payment accordingly appellees submit congressional actions violate compensation clause regardless whether congress rescinded increases previously passed general rule repeals implication favored posadas national city bank see also tva hill morton mancari rule applies especial force provision advanced repealing measure enacted appropriations bill tva hill supra indeed rules houses limit ability change substantive law appropriations measures see senate standing rule xvi house representatives rule xxi nevertheless congress desires suspend repeal statute force doubt accomplish purpose amendment appropriation bill otherwise dickerson whole question depends intention congress expressed statutes mitchell see also belknap cases us conclude four years question congress intended repeal postpone previously authorized increases statute year congress expressly stated adjustment act increase due following october shall take effect pub stat thus plain words statute reveal intention repeal adjustment act insofar increase salaries october reading finds support house report bill repeatedly uses language eliminate expected october comparability adjustment see pp floor remarks senators representatives confirm construction generally understood statutes years although phrased terms limiting funds see supra nevertheless intended congress block increases adjustment act otherwise generate representative shipley introduced rider relation year preven automatic pay increase cong rec floor remarks houses reflected view year house report characterized statute change application existing law described effect creating pay freeze senate report stated statute continu called cap salaries next fiscal year floor debate expressed agreement construction house report statute year characterized reduc ing federal executive pay increases mandatory entitlement per centum per centum report referred bill change existing law see later conference report stated statute restricts increases percent fiscal year begun conf floor debates also confirm understanding passages indicate clearly congress intended rescind raises entirely simply consign fiscal limbo account due payable clear intent congress year stop year application adjustment act issue thus resolves whether congress without violating compensation clause year government contends congress reduce compensation long discriminate judges process freeze applied various officials legislative executive branches well judges save statute however quite different situation woodrough held compensation clause offended income tax levied article iii judges well taxpayers discrimination plaintiff judge federal judges like citizens must share material burden government inclusion freeze officials protected compensation clause insulate direct diminution judges salaries clear mandate clause constitution makes exceptions nondiscriminatory reductions accordingly hold statute respect year applied compensation members certified class violates compensation clause art iii year unable agree district analysis result discussion framers debates compensation clause supra led conclusion compensation clause erect absolute ban legislation conceivably adverse effect compensation judges rather provision embodies clear rule prohibiting decreases allowing increases practical balancing framers need increase compensation meet economic changes substantial inflation need judges free undue congressional influence constitution delegated congress discretion fix salaries necessity placed faith integrity sound judgment elected representatives enact increases changing conditions demand congress enacted adjustment act based delegated power fix periodically increase judicial compensation thereby alter compensation judges modified formula determining compensation later congress decided abandon formula particular years question year opposed year statute passed adjustment act increases taken effect become part compensation due article iii judges thus departure adjustment act policy sense diminished compensation article iii judges receiving refused apply previously enacted formula paramount indeed indispensable ingredient concept powers delegated coequal branches branch must recognize respect limits authority boundaries authority delegated branches say congress alter method calculating salaries executed mean judicial branch command congress carry announced future intent decision constitution vests exclusively congress therefore conclude salary increase vests purposes compensation clause takes effect part compensation due payable article iii judges regard year hold compensation clause prohibit congress repealing planned yet effective adjustment october october time first scheduled become part judges compensation statute year thus represents constitutionally valid exercise legislative authority year year satisfied congress use phrase executive employees context intended include article iii judges full title adjustment act executive salary adjustment act clear intended apply officials legislative judicial branches well title control terms statute statutes three preceding years undeniably applied judges discern indication congress chose single exemption including executive legislative officials important conference report chairman house appropriations committee speaking floor made explicit already implicit limiting statute apply judges well see conf cong rec remarks whitten concluded statute year intended apply judges well federal officials confronted situation similar year statute purported revoke increase judges compensation statutes taken effect reasons governing statute year hold statute revoking increase year violated compensation clause insofar applied members certified class district yet calculated precise dollar amounts involved years years hold statutes violated compensation clause proceedings required resolve questions accordingly judgment district affirmed part reversed part judgment affirmed part reversed part cases remanded proceedings consistent opinion ordered footnotes see chief justice associate justice circuit judges claims customs patent appeals international trade formerly customs amounts exceeded levels salaries achieved congress left effect increase october therefore appellees complaint challenged statute year insofar affected judicial compensation october march see infra see also cong rec remarks scott prevents people receiving two pay raises year remarks solarz individuals already received one increase course current year entitled receive second increase well infra increase computed salary levels stood addition increase deferred year compounding two increase means employees affected felt combined increase explains additional plaintiffs challenged statute year insofar applied compensation earned october march date quadrennial increase comparability act took effect see supra year class defined article iii judges serving part period october march date quadrennial increase comparability act took effect see supra year class defined article iii judges taking office prior july date statute passed continuing office october date adjustment act increase due take effect case referred newly appointed member district taken office october thus member either class year class defined article iii judges office october date scheduled adjustment act increase continuing office thereafter year class defined article iii judges office october date adjustment act increase took effect continuing office october date year statute signed section provides part party may appeal interlocutory final judgment decree order holding act congress unconstitutional civil action suit proceeding agencies officer employee thereof officer employee party provision confers district courts claims concurrent jurisdiction actions based constitution amount controversy exceed complaints state claims individual members classes exceed allegation government disputed see app section provides relevant part justice judge magistrate shall disqualify proceeding impartiality might reasonably questioned shall also disqualify following circumstances knows financial interest subject matter controversy party proceeding see aba code judicial conduct canon section provides relevant part case brought direct appeal district heard determined absence quorum qualified justices chief justice may order remitted appeals circuit including district case arose heard determined either sitting banc specially constituted composed three circuit judges senior commission able sit order may direct decision shall final conclusive event disqualification disability one circuit judges shall filled provided chapter title original version section designed ensure parties antitrust interstate commerce commission cases time appealed directly always form appellate review see congress broadened right revision title include cases direct review rolle abridgment summarized holding follows action sued bench judges necessity shall judges rolle abridgment many cases resolutions common law translation example mooers white johns ch chancellor kent continued sit despite party new york law made provision substitute chancellor see leefe barb ch see also cases cited moulton byrd olson cory cal nellius stiftel del dacey connecticut bar wheeler board trustees fargo consol school schward ariyoshi haw higher hansen idaho gordy dennis md state ex rel gardner holm state ex rel west jersey traction board public works long watts first american bank trust ellwein cert denied mccoy handlin alamo title san antonio bar tex civ app writ ref rev error tex atkins cl cert denied pilla american bar brinkley hassig corrigan supp wyo cast doubt substantive holding evans see infra fact reached issue indicates question aspect evans opinion another unrelated context chief justice marshall exposition cohens virginia wheat well explanation rule necessity wrote must take jurisdiction judiciary legislature may avoid measure approaches confines constitution pass doubtful whatever doubts whatever difficulties case may attended must decide brought us right decline exercise jurisdiction given usurp given one treason constitution questions may occur gladly avoid avoid emphasis added see act mar ch stat current version ed supp iii statute applied district judges existence demonstrates rule necessity continued force side side statutory disqualification standards see carpenter judicial tenure rejection madison suggestion tying judicial salaries price commodity may arisen colonial virginia unsatisfactory experience similar scheme paying clergy set amount tobacco see generally gipson coming revolution pp scott constitutional aspects parson cause pol sci although ultimately tobacco statutes subsequent cases important indications early dissatisfaction crown widespread publicity surrounding surely made framers wary indexing salaries reference commodity indeed mitchell belknap held provisions appropriations statutes funding certain officials salaries amounts established previous statutes operated repeal relevant provisions statutes set new salary levels see cong rec remarks byrd salaries shall increased thus obviat ing effect comparability pay provisions ibid remarks baker forgo rescind adjustment remarks solarz knock comparability increase year remarks ammerman deny october pay increase representative shipley original amendment applied members house representatives provision expanded cover officials subject salary act see cong rec senate committee studying bill recommended provision deleted altogether see senate ultimately passed version applying freeze members congress see cong rec conference committee recommended freeze apply salary act positions see conf recommendation prevailed see cong rec remarks armstrong freeze salaries ibid remarks yates freeze salaries ibid remarks mcclory effectively eliminate increases remarks derwinski freezing pay current level remarks miller stopping pay raise remarks anderson block pay increase remarks taft effectively freeze salaries employees given raise october salary increase remarks allen freezing compensation remarks allen denied upcoming increase salaries frozen september level remarks bartlett automatic pay raises eliminated remarks shipley october increases made bill proscribe october pay increase remarks riegle elimination raise see cong rec remarks shipley pay freeze remarks armstrong automatic increases permitted remarks sasser freeze fiscal year pay see cong rec remarks whitten sharply decreas es automatic increases remarks jacobs rollback automatic salary increase remarks byrd put cap pay increase remarks magnuson nature cap limitation remarks conte reduces percent increase pay government asks us invoke rule law recognize fractions day see lapeyre wall argued treat president assent given start october time year increase take effect correct law generally reject fractions day order avoid disputes blackstone commentaries however government acknowledges statute signed president year increase taken effect almost century ago stated henever becomes important ends justice order decide upon conflicting interests law look fractions day readily fractions unit time rule purely one convenience must give way whenever rights parties require law made unreasonable arbitrary rules louisville savings bank quoting grosvenor magill citations omitted burgess salmon required look time day statute enacted compared another related event held notwithstanding general rule person subjected civil fine violating statute passed day engaged conduct conduct occurred impose penalty act innocent performed render statute ex post facto law thus burgess dealt much benefits penalties constitutional limitations legislative authority congress executive context periodic increases compensation clause like ex post facto clause art places limits congress president constitutional implications logic burgess applies statute year requires us look precise time statute became law president action need address question whether evidence intent influence judiciary invalidate statute face directly reduce judicial compensation see evans gore woodrough held immunity compensation clause extend exempting judges paying taxes duty shared citizens thus recognized compensation clause forbid everything might adversely affect judges opinion concluded saying extent miles graham inconsistent survive miles relied evans gore must also read undermine reasoning evans district relied reaching decision cc dc writ error dism want jurisdiction cranch contrary congress enacted system fees compensating justices peace district columbia subsequently abolished fees government brought indictment justice peace continued charge fees defendant demurred circuit district columbia held compensation justices peace district columbia subject compensation clause statute diminishing abolishing fees violated constitution fee system already place part justices compensation congress repealed contrast increase year yet become part compensation article iii judges statute repealing passed signed president indeed particularly ironic bind congress indexing scheme salaries framers rejected indexing proposal see supra course indexing techniques improved since nevertheless congress repeated rejections specific adjustments indicates dissatisfaction automatic adjustments according predetermined formula even formula positions covered course executive branch may explain limited title several members congress acknowledged potential constitutional problem rolling back salary increase already effect judges see cong rec remarks latta remarks whitten remarks jacobs remarks stevens representative whitten chairman house appropriations committee stated courts make final determination regarding issue