raddatz argued february decided june prior trial federal criminal charges respondent moved suppress certain incriminating statements made police officers federal agents objections district referred motion magistrate evidentiary hearing pursuant provision federal magistrate act authorizes district refer motion magistrate thereafter determine decide motion based record developed magistrate including magistrate proposed findings fact recommendations section also provides judge shall make de novo determination portions magistrate report findings recommendations objection made judge may accept reject modify whole part magistrate findings recommendations alternatively judge may receive evidence recommit matter magistrate instructions based view credibility testimony hearing respondent motion magistrate found respondent knowingly intelligently voluntarily made inculpatory statements recommended motion suppress denied respondent objections magistrate report district accepted recommendation denied motion suppress stating considered transcript magistrate hearing parties proposed findings fact conclusions law supporting memoranda magistrate recommendation oral argument counsel respondent tried convicted appeals reversed holding inter alia respondent deprived due process district failure personally hear controverted testimony motion suppress held statute calls de novo determination de novo hearing district required rehear testimony magistrate based findings recommendations order make independent evaluation credibility legislative history discloses congress purposefully used word determination rather hearing believing art iii satisfied ultimate adjudicatory determination reserved art iii officer congress intended permit whatever reliance judge exercise sound judicial discretion chose place magistrate proposed findings recommendations pp statute strikes proper balance demands due process fifth amendment constraints art iii pp nature issues presented interests implicated motion suppress evidence require matter due process district judge must actually hear challenged testimony resolution suppression motion may determine outcome case interests underlying voluntariness hearing coincide criminal law objective determining guilt innocence lesser magnitude criminal trial due process rights claimed adequately protected statute district judge alone acts ultimate decisionmaker broad discretion accept reject modify magistrate proposed findings hear witnesses live resolve conflicting credibility claims statutory scheme also includes sufficient procedures alert district whether exercise discretion conduct hearing view witnesses pp although statute permits district give magistrate proposed findings fact recommendations weight merit commands sound discretion judge warrants delegation violate art iii long ultimate decision made district congress sought delegate task rendering final decision suppression motion iii officer instead made clear district plenary discretion whether authorize magistrate hold evidentiary hearing magistrate acts subsidiary aid entire process thereafter taking place total control jurisdiction pp burger delivered opinion white blackmun rehnquist stevens joined blackmun filed concurring opinion post powell filed opinion concurring part dissenting part post stewart filed dissenting opinion brennan marshall joined post marshall filed dissenting opinion brennan joined post andrew levander argued cause pro hac vice briefs solicitor general mccree assistant attorney general heymann patty merkamp stemler joan gottschall appointment argued cause respondent brief terence maccarthy george galland filed brief chicago council lawyers amicus curiae urging affirmance chief justice burger delivered opinion granted certiorari resolve constitutionality provision federal magistrates act permits district refer magistrate motion suppress evidence authorizes district determine decide motion based record developed magistrate including magistrate proposed findings fact recommendations respondent raddatz indicted march northern district illinois unlawfully receiving firearm violation prior trial respondent moved suppress certain incriminating statements made police officers agents bureau alcohol tobacco firearms objections district referred motion magistrate evidentiary hearing pursuant federal magistrates act evidence received suppression hearing disclosed august two police officers responded report crime progress arrived scene observed respondent standing next one jimmy baston lying street bleeding head respondent placed arrest illegal use weapon given miranda warnings arresting officers testified respondent explained time arrest warning fighting baston family dispute brought gun case baston friends tried interfere due course state charges filed respondent one month later november agents russell mcculloch bureau alcohol tobacco firearms interviewed respondent home according testimony suppression hearing agents informed state officials state firearms charge pending respondent agents questioned respondent gun found possession time arrested one time owned man slain unsolved homicide interview respondent gave different version events stating seized gun baston august fight know baston obtained gun agents asked respondent help locate baston told inform attorney cooperation subsequently prosecuted respondent testimony magistrate concerning november interview varied federal agents according testimony informed shortly indicted violations federal firearms laws agreed cooperate somebody talk prosecutor dismissed also testified told agree help find going federal penitentiary long time january respondent telephoned agents requested meeting interview retracted november version stated taken gun baston obtained testified suppression hearing made incriminating statements january meeting first obtaining confirmation agents november promise indictment dismissed cooperated agents testified promise ever made respondent either november january testified january meeting respondent agreed act informant gave time assist gathering information final meeting occurred january respondent returned local offices bureau alcohol tobacco firearms accompanied wife children informed agent mcculloch case referred attorney prosecution agents discussed possibility becoming informant repeated promise cooperation brought attention attorney agent mcculloch gave respondent pay expenses acquiring information ii focus respondent legal argument suppression hearing malloy hogan bram confession freely voluntarily given contended induced utter incriminating statements promise immunity sought demonstrate course conduct part agents supportive promise report findings magistrate recommended motion suppress statements made august november january denied made findings respondent knowingly intelligently voluntarily made inculpatory statements three occasions moreover magistrate specifically stated find testimony alcohol tobacco firearms agent credible find federal agents never advised respondent charges dismissed cooperated app pet cert evidence magistrate showed respondent altered version events several occasions respondent filed objections magistrate report rendering decision district stated considered transcript hearing magistrate motion suppress parties proposed findings fact conclusions law supporting memoranda read recommendation magistrate heard oral argument counsel finding three statements given defendant sought suppressed made voluntarily district accepted recommendation magistrate denied motion suppress agreement parties tried respondent basis transcript suppression hearing stipulations firearm manufactured florida respondent convicted eight felonies found guilty sentenced six months imprisonment followed four years probation appeals reversed first rejected statutory arguments holding district power refer magistrate motion suppress abuse discretion statute deciding issue without hearing live testimony disputed questions fact turning constitutional issues held referral provisions federal magistrates act violate art iii constitution statute required district make de novo determination disputed portion magistrate proposed findings recommendations however appeals held respondent deprived due process failure district personally hear controverted testimony credibility crucial outcome district constitutionally exercise discretion refuse hold hearing contested issues fact criminal case district directed hold new hearing iii first address respondent contention statute district required rehear testimony magistrate based findings recommendations order make independent evaluation credibility relevant statutory provisions authorizing district refer matters magistrate establishing mode review magistrate actions congress provided district judge designate magistrate hear determine pretrial matter pending except certain dispositive motions review district magistrate determination nondispositive motions clearly erroneous contrary law standard certain dispositive motions including motion suppress evidence criminal case covered dispositive motions district judge may designate magistrate conduct hearings including evidentiary hearings submit judge proposed findings fact recommendations disposition judge motion however magistrate authority make final binding disposition within days magistrate files proposed findings recommendations party may file objections statute provides judge shall make de novo determination portions report specified proposed findings recommendations objection made judge may accept reject modify whole part findings recommendations made magistrate judge may also receive evidence recommit matter magistrate instructions emphasis added bill reported senate judiciary committee include language requiring district make de novo determination rather included language permitting district accept reject modify whole part findings recommendations made magistrate yet senate report accompanied bill emphasized purpose bill language vest ultimate adjudicatory power dispositive motions district granting widest discretion treat recommendations magistrate house judiciary committee added senate bill present language statute providing judge shall make de novo determination contested portions magistrate report upon objection party according house report amendment expressly senate implied district judge making ultimate determination matter give fresh consideration issues specific objection made party report goes state quite explicitly intended de novo determination use words de novo determination intended require judge actually conduct new hearing contested issues normally judge application consider record developed magistrate make determination basis record without bound adopt findings conclusions magistrate specific instances however may necessary judge modify reject findings magistrate take additional evidence recall witnesses recommit matter magistrate proceedings congressional intent therefore unmistakable congress focused potential art iii constraints permitting magistrate make decisions dispositive motions see legislative history discloses congress purposefully used word determination rather hearing believing art iii satisfied ultimate adjudicatory determination reserved district judge providing de novo determination rather de novo hearing congress intended permit whatever reliance district judge exercise sound judicial discretion chose place magistrate proposed findings recommendations see mathews weber iv rejected respondent statutory argument turn constitutional challenge contends review procedures established permitting district judge make de novo determination contested credibility assessments without personally hearing live testimony violate due process clause fifth amendment art iii constitution guarantees due process call hearing appropriate nature case mullane central hanover bank trust issue us therefore whether nature issues presented interests implicated motion suppress evidence require district judge must actually hear challenged testimony core respondent challenge statute one decides must hear morgan contends magistrate hears district permitted decide reviewing record compiled magistrate making final determination mathews eldridge emphasized three factors considered determining whether flexible concepts due process satisfied private interests implicated risk erroneous determination reason process accorded probable value added procedural safeguards public interest administrative burdens including costs additional procedures involve providing fullest measure due process protection appeals stressed particular case success failure motion suppress practical matter determine outcome prosecution course resolution suppression motion often determine outcome case may true various pretrial motions repeatedly pointed however interests underlying voluntariness hearing coincide criminal law objective determining guilt innocence see janis peltier rogers richmond lego twomey considered whether prosecution required prove beyond reasonable doubt confession voluntary holding preponderance evidence sufficient stated purpose voluntariness hearing designed serve nothing whatever improving reliability jury verdicts accord jackson denno holding reliability confession nothing voluntariness defendant prevailed suppression hearing remains free present evidence argue may persuade jury confession reliable therefore disregarded see occasions noted interests stake suppression hearing lesser magnitude criminal trial suppression hearing may rely hearsay evidence even though evidence admissible trial matlock brinegar fed rules evid furthermore although due process clause held require government disclose identity informant trial provided identity shown relevant helpful defense roviaro never held require disclosure informant identity suppression hearing mccray illinois conclude process due suppression hearing may less demanding elaborate protections accorded defendant trial sure courts must always sensitive problems making credibility determinations cold record years ago lord coleridge stated view privy council retrial conducted reading notes witnesses prior testimony careful note must often fail convey evidence fully important elements give look manner witness hesitation doubts variations language confidence precipitancy calmness consideration dead body evidence without spirit supplied given openly orally ear eye receive queen bertrand moo eng appeals rejected analogy administrative agency cases view interest inherent suppression motion often equivalent practical matter trial view due process demands motion suppress evidence makes agency cases relevant although sure suggest interests inherent administrative adjudications always equivalent implicated constitutional challenge admissibility evidence criminal case generally ultimate factfinder administrative proceedings commission board trier heard witnesses testify see general rule administrative procedure act national labor relations board benefits review board cfr securities exchange commission commission board administrator may defer findings hearing officer compelled see universal camera nlrb nlrb mackay radio tel morgan utica mutual ins vincent friendly cert denied conclude due process rights claimed adequately protected district judge alone acts ultimate decisionmaker statute grants judge broad discretion accept reject modify magistrate proposed findings broad discretion includes hearing witnesses live resolve conflicting credibility claims finally conclude statutory scheme includes sufficient procedures alert district whether exercise discretion conduct hearing view witnesses passing amendments federal magistrates act congress alert art iii values concerning vesting decisionmaking power magistrates accordingly congress made clear district plenary discretion whether authorize magistrate hold evidentiary hearing magistrate acts subsidiary aid district thereafter entire process takes place district total control jurisdiction need decide whether suggested government congress constitutionally delegated task rendering final decision suppression motion iii officer see palmore congress sought make delegation rather congress provided magistrate proposed findings recommendations shall subjected de novo determination judge exercise ultimate authority issue appropriate order moreover authority responsibility make informed final determination remains judge mathews weber art iii claim crowell benson progeny offer little comfort respondent stated cases brought enforce constitutional rights judicial power necessarily extends independent determination questions fact law necessary performance function see also ng fung ho white stating enforcement constitutional rights requires federal determine issue upon record facts elicited pointedly noted distinction controlling importance records formed administrative agencies compiled officers masters chancery commissioners admiralty proceeding constantly subject control view statutory scheme rendering magistrate recommendations analogous master commissioner administrative agency art iii purposes moreover four years later joseph stock yards chief justice hughes substantially cut back crowell holding authored respondent relies question whether administrative rate regulations unconstitutionally confiscatory reaffirming statement administrative agencies finally determine constitutional facts chief justice hughes noted judicial duty exercise independent judgment require justify disregard weight may properly attach findings administrative body upon hearing evidence contrary judicial duty performed light proceedings already may greatly facilitated assembling analysis facts course legislative determination conclude statute strikes proper balance demands due process constraints art iii accordingly judgment appeals reversed footnotes originally introduced senate bill provided upon request party proceeding magistrate district shall hear de novo portions report specific proposed findings fact conclusions law objection made sess emphasis added reported senate judiciary committee however language including word hear deleted conclude construe require district conduct second hearing whenever either party objected magistrate credibility findings largely frustrate plain objective congress alleviate increasing congestion litigation district courts impute congress purpose paralyze one hand sought promote clark uebersee fifth amendment criminal defendant may compelled testify sense exclusion involuntary confessions derives amendment janis lego twomey also rejected argument high value society places constitutional right free compulsory due process requires proof voluntariness beyond reasonable doubt found indication federal rights suffer determining admissibility preponderance evidence nothing magistrates act statute precludes renewal trial motion suppress evidence even though motion denied trial district authority consider anew suppression motion previously denied within sound judicial discretion see generally gouled rouse app neither statute legislative history reveals specific consideration situation district judge reviewing record process making de novo determination doubts concerning credibility findings magistrate issue us assume unlikely district judge reject magistrate proposed findings credibility findings dispositive substitute judge appraisal without seeing hearing witness witnesses whose credibility question well give rise serious questions reach committee reports noted several instances prior amendments congress vested officers judge power exercise discretion performing adjudicatory function subject always ultimate review judge citing reference bankruptcy referee power clerk tax costs analogy congress reasoned permitting exercise adjudicatory function magistrate subject ultimate review district also pass constitutional muster crowell reviewing constitutionality delegation factfinding administrative officers consider claims longshoremen harbor workers compensation act concerned congress reach beyond constitutional limits inherent admiralty maritime jurisdiction stated unless injuries act relates occurred upon navigable waters fall outside jurisdiction crowell rejected wholesale attack delegation factfinding administrative tribunal noted requirement order maintain essential attributes judicial power determinations fact constitutional courts shall made judges exercising original jurisdiction art iii appoint special masters may either art iii judges members bar role master purposes analogous magistrate master generally charged take evidence may necessary nebraska iowa find facts specially state separately conclusions law thereon mississippi louisiana original cases federal magistrates act master recommendations advisory yet regularly acts basis master report exceptions thereto justice blackmun concurring join opinion analysis due process issue differs somewhat set forth therein write separately articulate seems focus diminished importance pretrial suppression motions acceptability agency proceedings without personal observation witnesses considerations less importance practical concern accurate results focus due process clause testing challenged procedure criterion distinguish instances district rejects determination magistrate instances one adopts magistrate proposed result latter context judge accurately described backup jurist whose review serves enhance reliability benefit defendant respondent afforded procedures neutral decisionmaker seeing hearing witnesses rendered decision decisionmaker found respondent received second turn albeit cold record another neutral decisionmaker asking us invalidate magistrate program respondent effect requests removal second level procedural protections afforded others like view result tend undermine rather augment accurate decisionmaking therefore result embrace due process clause although justice marshall ably argues characterization magistrate procedure clashes art iii persuaded observes handling suppression motions invariably remains completely control federal district judge may initially decline refer matter magistrate matter referred judge may freely reject magistrate recommendation may rehear evidence whole part may call additional findings otherwise recommit matter magistrate instructions see moreover magistrate subject art iii judge control magistrates appointed district judges subject removal addition district judges retain plenary authority many pretrial matters assigned magistrates ach district shall establish rules pursuant magistrates shall discharge duties thus conceivable danger threat independence magistrate comes within rather without judicial department also significant magistrates act imposes significant requirements ensure competency impartiality ed supp ii including rule generally barring reduction salaries magistrates even assuming despite protections controversial matter might delegated magistrate susceptible outside pressures district judge insulated life tenure irreducible salary waiting wings fully able correct errors circumstances simply perceive threat judicial power independence judicial decisionmaking underlies art iii face procedure congress delegate iii judge authority make final determinations issues fact post dissenting opinion rather confront procedure congress vested art iii judges discretionary power delegate certain functions competent impartial assistants ensuring judges retain complete supervisory control assistants activities say district rejection magistrate recommendation favor defendant inevitably violate due process clause magistrate course makes recommendation rather formal decision least context see reason believe process recommending susceptible error finally deciding even speculate additional risk error inheres recommending conclude offset doublecheck provided district judge congressional determination procedure permits independent judicial evaluation suppression motions conserving scarce judicial resources certainly respondent due process right art iii judge resolve factual issues surrounding suppression motion virtually every decision suppression motion state violate due process clause justice powell concurring part dissenting part agree interpretation federal magistrates act part iii opinion terms legislative record plainly indicate congress intended vest broad discretion district courts decide whether rehear witnesses already heard magistrate suppression proceeding recognizes serious questions raised district judge rejected magistrate proposed findings credibility see ante finds error case district accepted magistrate judgment credibility reach different conclusion standards set mathews eldridge due process requires district rehear crucial witnesses case suppression hearing turns credibility justice marshall points dissenting opinion private interests stake suppression hearing often substantial moreover risk erroneous deprivation rights real decider fact heard observed crucial witnesses value hearing seeing witnesses testify undeniable finally government interest limiting rehearing sufficient outweigh considerations sum agree justice marshall statement due process clause fifth amendment hearing requirement imposed situations case turns issues credibility resolved basis record district judge offered statement reasons presenting independent view facts explaining reasoned manner necessary hear witnesses order adopt view exceptionally rare case abuse discretion found post classic situation requiring hearing de novo record suppression proceeding contains little beyond swearing contest many cases however entire record contain additional evidence direct circumstantial fully supports magistrate recommendation cases district may decide within sound discretion hear witnesses justice stewart justice brennan justice marshall join dissenting federal indictment returned charging respondent previously convicted felony unlawfully receiving firearm violation trial respondent filed district motion suppress various incriminating statements made agents federal bureau alcohol tobacco firearms pursuant federal magistrates act act district judge referred motion magistrate held evidentiary hearing recommended respondent motion denied without taking evidence district judge accepted magistrate recommendation denied motion suppress appeals reversed holding respondent constitutionally entitled hearing judge suppression motion denied today reverses judgment dissent believe statute required hearing judge case statute provides district judge ruling motion suppress shall make de novo determination portions magistrate report specified proposed findings recommendations objection made emphasis added view judge make statutorily required de novo determination critically contested factual issues case without personally observing demeanor witnesses hearing magistrate respondent testified made incriminating statements federal agents promised prosecuted cooperated offered employ informer agents gave different version relevant events expressly testified time respondent ever told prosecuted instead according agents simply told assistance might provide mentioned attorney story also undermined respondent testimony offered employment informer made incriminating statements respondent testimony true motion suppress evidence incriminating statements granted see malloy hogan bram magistrate however believe expressly finding testimony alcohol tobacco firearms agent credible federal agents never advised raddatz charges dismissed cooperated concluding reason motion denied magistrate properly exercised authority granted submit proposed findings fact recommendations disposition suppression motion act also empowered respondent object findings responsibility devolved district judge make de novo determination contested issues fact phrase de novo determination accepted meaning law means independent determination controversy accords deference prior resolution controversy thus renegotiation board bannercraft clothing occasion define de novo proceeding review unfettered prejudice prior agency proceeding free claim agency determination supported substantial evidence first city national bank observed review de novo means make independent determination issues give special weight prior determination administrative agency district judge faced transcript contained two irreconcilable accounts critical facts neither version intrinsically incredible matter less plausible face moreover record evidence inherently trustworthy supported human recollection circumstances district judge make statutorily mandated de novo determination without exposed one kind evidence written record ever reveal demeanor witnesses declining conduct hearing case district judge thus necessarily gave magistrate prior assessment credibility kind special weight de novo determination standard permit contrary assertion nothing legislative history amendments federal magistrates act compels different conclusion congress sure explicitly rejected version ultimately enacted bill required district judge always hear de novo aspects case whose proposed resolution magistrate dissatisfied one parties compare hereinafter bill reported senate committee judiciary sess bill originally introduced senator burdick moreover points report house judiciary committee says use words de novo determination intended require judge actually conduct new hearing contested issues hereinafter passages legislative history however make clear indications legislative intent comport plain language statute senate house reports emphasize ultimate adjudicatory power suppression dispositive motions exercised district judge receiving assistance recommendation magistrate thus according house report district judge making ultimate determination matter give fresh consideration issues specific objection made party emphasis supplied report describes responsibility follows normally judge consider record developed magistrate make determination basis record specific instances however may necessary judge take additional evidence recall witnesses ibid emphasis supplied congress prime objective overrule decision wingo wedding interpreted existing federal magistrates act barring magistrate holding evidentiary hearing petition habeas corpus see act thus granted magistrates power take evidence matters like habeas corpus petitions motions suppress enacting legislation congress obviously anticipated hearings conducted magistrates many instances obviate need district judges take evidence well follow however congress told district judges need conduct hearings every case evidentiary hearing conducted magistrate regardless circumstances instead congress expressly limited clearly erroneous standard review pretrial motions termed dispositive act legislative history see excluded habeas corpus petitions motions suppress important motions category see suggests plain reading statutory language practical matter frustrate act objective alleviating increasing congestion litigation district courts interpret statutory language district judges need always hold evidentiary hearings order properly dispose suppression motions although many motions suppress turn issues credibility many suppression motion predicated instance claim search warrant supported adequate affidavit normally resolved without taking testimony importantly de novo determination requirement federal magistrates act applies much wider range motions applications simply pretrial motions suppress motions dismiss failure state claim motions judgment pleadings motions summary judgment presume legal matter lack need evidentiary hearing even magistrate level others motions injunctive relief motions dismiss quash indictment motions dismiss permit maintenance class action motions dismiss action involuntarily applications relief made convicted criminal offenses petitions prisoners challenging conditions confinement often practical matter granted denied district strength alone transcript magistrate hearing recommendation thus contrary suggestion plain reading give pertinent statutory language equate de novo determination de novo hearing since believe plain language statute required district judge case hear conflicting factual testimony witnesses affirm judgment appeals respondent also moved suppress certain statements government claimed made chicago police officers shortly arrest suppression hearing respondent denied ever made remarks chicago police officer testified contrary making issue one determination trial trier fact title provides notwithstanding provision law contrary judge may designate magistrate hear determine pretrial matter pending except motion injunctive relief judgment pleadings summary judgment dismiss quash indictment information made defendant suppress evidence criminal case dismiss permit maintenance class action dismiss failure state claim upon relief granted involuntarily dismiss action judge may reconsider pretrial matter subparagraph shown magistrate order clearly erroneous contrary law judge may also designate magistrate conduct hearings including evidentiary hearings submit judge proposed findings fact recommendations disposition judge motion excepted subparagraph applications postrial sic relief made individuals convicted criminal offenses prisoner petitions challenging conditions confinement magistrate shall file proposed findings recommendations subparagraph copy shall forthwith mailed parties within ten days served copy party may serve file written objections proposed findings recommendations provided rules judge shall make de novo determination portions report specified proposed findings recommendations objection made judge may accept reject modify whole part findings recommendations made magistrate judge may also receive evidence recommit matter magistrate instructions renegotiation board bannercraft clothing construing following language renegotiation act amended contractor aggrieved order board renegotiation determining amount excessive profits received accrued contractor may first city national bank construing provides antitrust action brought bank merger act shall review de novo issues presented contexts courts appeals held critical issues credibility resolved personally hearing live testimony see weahkee perry app title vii civil rights act hackley roudebush app pignatello attorney general immigration nationality act nothing passage opinion appeals campbell district quoted house report read mean anything different campbell said district may exercise discretion call hear testimony witness witnesses finds problem credibility witness witnesses good reasons nothing said campbell however implied district judge failure call witness witnesses invariably permissible see supra justice marshall justice brennan joins dissenting agree brother stewart statutory provision de novo determination specified proposed findings objection made construed require district conduct evidentiary hearing issues credibility resolved basis record compiled magistrate write separately express view unless act construed fashion application case impermissible due process clause fifth amendment art iii view due process clause requires judicial officer entrusted finding facts criminal case must hear testimony whenever fair resolution disputed issues made basis review cold record accordingly act permits district judge hear witnesses time requires make de novo determination facts application violates due process clause case turns issues credibility resolved written record infirmity avoided interpreting act allow district judge give final effect magistrate findings issues credibility interpretation render act fatally inconsistent art iii constitution entitles criminal defendant federal independent determination facts art iii judge appeals held unconsented referral suppression motion magistrate unlawful delegation federal judicial power iii judge reach conclusion relied understanding act required district judge make de novo determination contested issues time concluded due process clause required district judge hear witnesses making de novo determination facts rejects conclusion analysis suggesting individual interest vindicating right compulsory unimportant one disagree one deeply engrained principles jurisprudence requires official entrusted finding facts must hear testimony findings based explained swisher brady dissenting opinion constitutional tradition rejects notion factual findings criminal cases may made official acts isolation basis cold record principle one decides must hear morgan supported two distinct rationales first judicial factfinding basis written record carries intolerably high risk error experienced lawyer aware findings fact frequently rest impressions demeanor factors appear face record stated holiday johnston ne essential elements determination crucial facts weighing appraising testimony accordingly rejected proposition appraisal truth witness oral testimony master commissioner light purpose object proceeding equivalent judge exercise function trier facts see also wingo wedding oregon medical society dyer macdougall principle however based solely constitutional interest accurate factfinding also derives notion matter basic fairness person facing prospect grievous loss entitled relate version facts official entrusted judging accuracy due process clause promot es participation dialogue decisionmaking process marshall jerrico ensuring individuals adversely affected governmental action may confront ultimate decisionmaker thus play part formulating ultimate decision see carey piphus board curators univ mo horowitz marshall concurring part dissenting part respect requirement finder facts must hear testimony offered whose liberty stake derives notions fairness human dignity see joint refugee comm mcgrath frankfurter concurring rule allow criminal defendant face jail sentence basis factual findings made one heard evidence view foreign notions fair adjudicative procedure embodied due process clause course mean suggest district judge must hear witnesses every case even cases issues credibility raised actual rehearing required cases involving issues impossible resolve basis written record brother stewart demonstrates district judge make independent finding case without hearing witnesses neither respondent agents story carried inherent indicia reliability accounts suffered inconsistencies end issue solely one credibility basis cold record district judge basis determining whether respondent agents telling truth required therefore either blindly accept magistrate findings matters credibility flip coin first course forbidden statute art iii second forbidden requirements fair adjudicative procedure due process clause reflects true principle one decides must hear applied mechanical rigidity administrators permitted base factual findings record compiled hearing examiner play role formulating ultimate findings see morgan davis administrative law treatise similar qualifications principle recognized lower courts certain civil contexts see utica mutual ins vincent cert denied national labor relations board determination proper unit representation election errs however suggesting exceptions provide support decision announced today number cases exceptions permitted factual issues resolved depend issues credibility demeanor witnesses entirely irrelevant see examples cited ante cases factfinder entrusted district judge making de novo determination instead permitted give appropriate deference conclusions official conducted hearing see davis supra aware case cites none federal upheld procedure judge required conduct de novo determination without hearing witnesses factual issues turned issues credibility fairly resolved basis record procedure judge determination inevitably arbitrary plainly blind guess believe prohibited due process clause circumstances even persuaded answer present context clear simple reason case criminal nature course cases need scrupulous observance procedural safeguards greatest whatever appropriate limits principle factfinder must hear witnesses demeanor evidence critical principle fully applicable criminal cases correctly observes see ante mathews eldridge determination process due turns balancing three factors irst private interest affected official action second risk erroneous deprivation interest procedures used probable value additional substitute procedural safeguards finally government interest including function involved fiscal administrative burdens additional substitute procedural requirement entail recites test even attempt apply instead resolves due process issue solely distinguishing motion suppress evidence criminal trial see ante state obvious point guilt innocence determined suppression hearing however beginning inquiry fact render interest defendant public vindicating right compulsory unimportant one make analogous interests involved securities transaction thought merit comparatively little due process protection see ante mathews contemplates requires thorough inquiry three factors specifies rather conclusory approach taken today private interests stake hardly insignificant suppression hearing conducted determine whether agents violated respondent privilege interest constitution singles special protection cases recognize fundamentally important see miranda arizona moreover respondent liberty wholly dependent whether trier fact believed account confession rather agents subsequent history case confirms fact brother powell explained criminal justice system developed suppression hearings often important trial may follow government case may turn upon confession evidence defendant seeks suppress trial ruling evidence may determine outcome case gannett depasquale powell concurring see also blackmun dissenting part indeed congress recognized importance suppression motions providing de novo determination district judge second risk erroneous deprivation probable value additional safeguard substantial issues presented resolved de novo solely basis record brother stewart suggests case classic swearing match issues ones credibility risk error minimized district judge heard witnesses confirms judge hear witnesses decisions credibility issues blind guess intimates district judge may reject magistrate findings without hearing witnesses see ante sole distinction drawn accepting magistrate findings rejecting former case district judge deferring magistrate rejects distinction asserting order avoid art iii objection either event district judge makes ultimate decision see ante finally governmental interest essentially one administrative convenience context substantial appeals holding require district judge hear witnesses whenever objection made magistrate findings rehearing requirement imposed situations case turns issues credibility resolved basis record much force government argument occasional rehearing witnesses impose intolerable burden district courts finally afford district judge considerable discretion determine whether rehearing witnesses required order make requisite de novo determination district judge offered statement reasons presenting independent view facts explaining reasoned manner necessary hear witnesses order adopt view exceptionally rare case abuse discretion found case plain de novo determination made without hearing witnesses therefore brought conclusion due process clause required district judge rehear witnesses indeed contrary conclusion suggest save criminal trial may settings principle one decides must hear carry force speiser randall observed outcome lawsuit hence vindication legal rights depends often factfinder appraises facts disputed construction statute interpretation line precedents today decision permits vindication fifth amendment rights depend form bureaucratic factfinding foreign constitutional traditions unwilling join enterprise ii due process infirmity remedied interpreting statute permit district judge give final effect magistrate findings issues credibility interpretation render act fatally inconsistent art iii constitution attempts avoid conclusion suggesting district judge retains control suppression motion indicating art iii event prohibit federal giving final effect magistrate findings fact find neither argument convincing outset important observe suggestion magistrate recommendations analogous master commissioner ante highly misleading motion suppress turns issues credibility resolved basis record district judge hear witnesses magistrate report mere recommendation unless district judge ventures blind guess report effectively final determination facts underlying suppression motion reason simply incorrect say ultimate decision made district ante case squarely presents issue whether criminal case tried federal congress may delegate iii judge authority make final determinations issues fact article iii vests judicial power one inferior courts congress may time time ordain establish provides judges inferior courts shall hold offices good behaviour shall stated times receive services compensation shall diminished continuance office rationale underlying tenure salary protections art iii often stated need rehearsed detail worth remembering framers constitution believed protections necessary order guarantee judicial power placed body judges insulated majoritarian pressures thus able enforce constitutional principles without fear reprisal public rebuke see federalist nos glidden zdanok plurality opinion case agreed magistrates art iii judges appointed judges district serve terms subject removal judges district incompetency misconduct neglect duty physical mental disability judicial conference concludes services performed office longer needed magistrate office may terminated none factors course suggests magistrate unable perform assigned tasks fairly accordance constitutional principles doubt one holding office magistrate unprotected safeguards framers regarded indispensable assuring independence federal judiciary true number decisions recognized congress authority create legislative tribunals unprotected tenure salary provisions art iii see glidden zdanok supra cases cited decisions however provide support proposition congress may respect suppression hearings criminal cases displace federal judiciary entrust finding facts iii tribunal rationale decisions involving legislative courts far limited focusing congress plenary power specialized areas geography subject matter manifest need flexible tribunal perform adjudicatory functions areas see generally suggested defer blindly congressional determination alternative tribunal necessary touchstone decision cases need exercise jurisdiction transitory period whether constitutional limitations exercise judicial power held inapplicable depended particular local setting practical necessities possible alternatives thus requirements art iii applicable laws national applicability affairs national concern stake must proper circumstances give way accommodate plenary grants power congress legislate respect specialized areas particularized needs warranting distinctive treatment palmore emphasis added congress never attempted displace art iii courts laws nationwide applicability involved nothing prior decisions suggests may constitutionally decision ex rel toth quarles confirms severe limits congress authority displace art iii courts case government attempted try civilian military tribunal agreed congress authority art cl make rules government regulation land naval forces permitted subject persons armed services trial nonetheless concluded clause construed encompass civilian construction held necessarily encroaches jurisdiction federal courts set article iii constitution emphasized provisions article iii designed give judges maximum freedom possible coercion influence executive legislative branches government accordingly congress power circumvent criminal trials art iii tribunals inferred necessary proper clause instead call limitation least possible power adequate end proposed emphasis omitted quoting anderson dunn wheat quarles decision applied contexts limit sharply congress power try civilians art courts see reid covert civilian dependents living servicemen military base may tried art parker crimes service connected may tried art view quarles progeny foreclose conclusion congress may use art powers create legislative tribunals order divest art iii courts authority conduct federal criminal proceedings observes see ante congress case attempted substitute magistrates art iii judges wholesale basis district retains authority questions law construction also compelled make de novo determination facts extent task performed basis evidentiary record reasoning analogy context masters commissioners suggests retained power district sufficient satisfy requirements art iii explained however district judge hear witnesses magistrate makes final determination factual questions case involving issues credibility resolved basis record conclusion must therefore rest understanding requirements art iii fully applicable issues ones law issues factual nature see ante unable discern distinction art iii provision constitution rightly observes primary case relevant question crowell benson upheld constitutionality administrative scheme deputy commissioners adjudicated compensation claims longshoremen harbor workers compensation act time ruled federal district must find de novo whether relationship existed whether injury occurred navigable waters chief justice hughes speaking rely historic practice permitting courts assisted factual findings masters commissioners opinion crowell provides authority statutory scheme upheld today crowell expressly rejected proposition congress authority displace federal judiciary removing questions fact art iii courts cases brought enforce constitutional rights judicial power necessarily extends independent determination questions fact law necessary performance function reasoning point bears quotation full question ordinary one propriety provision administrative determinations rather question appropriate maintenance federal judicial power requiring observance constitutional restrictions question whether congress may substitute constitutional courts judicial power vested administrative agency final determination existence facts upon enforcement constitutional rights citizen depend recognition utility convenience administrative agencies investigation finding facts within proper province support authorized action require conclusion limitation use congress completely oust courts determinations fact vesting authority make finality instrumentalities executive department sap judicial power exists federal constitution establish government bureaucratic character alien system wherever fundamental rights depend infrequently depend upon facts finality facts becomes effect finality law celebrated dissent justice brandeis rejected view particular factual issues crowell ones must constitutionally resolved de novo art iii agree however issues fact must found independently art iii nder certain circumstances stated constitutional requirement due process requirement judicial process explained subsequent opinion citizen claims liberty infringed entitled upon habeas corpus opportunity judicial determination facts highly liberty prized opportunity must accorded resident claims citizen joseph stock yards concurring opinion emphasis added may fairly said certain respects least justice brandeis views crowell joseph stock yards become law longer claimed person entitled art iii due process clause de novo judicial determination facts every case implicates constitutional rights yet neither crowell ng fung ho overruled cited approval recent years see agosto ins atlas roofing occupational safety health review cf hampton mow sun wong rehnquist dissenting paris adult theatre slaton brennan dissenting basis conclusion circumstances person entitled determination facts art iii view chief justice hughes justice brandeis correct one propositions agreement crowell remain cases opportunity independent judicial determination facts constitutionally required conclusion contrary appears premised perception act effective control suppression motions remains hands district judges submission recommendations magistrates relatively mechanical task special characteristics art iii judge unnecessary view likely finality magistrate decision importance factfinding process legal decision view unsupportable explained cases like one magistrate decision effectively unreviewable district judge hear witnesses fact judge permitted hear witnesses irrelevance case moreover emphasized vindication constitutional rights frequently depends findings fact abstract principles law see speiser randall seriously suggested majoritarian pressures framers sought avoid tenure salary protections art iii become inapplicable relevant question one fact indeed precisely resolving constitutional issues dependent questions credibility government official one accused crime detached independent arbiter may indispensable contrary conclusion mean protections art iii viewed fundamental framers constitution intended apply solely appellate judges since reject suggestion every issue fact may removed art iii courts submitted instead federal magistrates question remains whether suppression hearing one admittedly contexts independent factfinding art iii judge constitutionally required believe noted justice brandeis restricted requirement independent judicial factfinding situations personal liberty stake habeas corpus deportation agree criminal cases deportation citizen constitutionally entitled independent determination facts art iii conclusion based two factors nature issue individual interest determination art iii judge resolution issues involved criminal cases deportation proceedings require specialization expertise area federal judge untrained moreover framers adopted art iii precisely order protect individual interests sort involved view independence provided art iii hardly dispensable finding facts underlying motion suppress evidence fifth amendment grounds purposes possible distinguish suppression motions trial experience shows primary issues criminal case often deal whether evidence excluded illegally obtained therefore brought conclusion constitution entitled respondent independent judicial determination facts motion suppress based iii holding today undoubtedly influenced sympathy congress perception assistance federal magistrates necessary measure ensure already severe pressures federal district courts become overwhelming sympathize concern applaud conspicuous conscientious legislative effort conform dictates constitution ensuring maximum control suppression motions federal district courts agree brother stewart construed avoid constitutional objections require district call witnesses fair resolution facts otherwise possible unwillingness construe relevant provision fashion may attributable understandable desire minimize existing burdens federal district judges burdens may seem especially unnecessary respect gathering evaluation facts replacement art iii judges magistrates even replacement extends finding facts erodes principles strike near heart constitutional order contexts considerations administrative cost least forceful must wary lest principles meant endure sacrificed expediency affirm decision appeals swisher involved maryland procedure whereby master first made factual findings respect issue juvenile delinquency judge subsequently conducted de novo review evidence judge review confined record exception receive additional evidence parties object held procedure violate double jeopardy clause reserved due process issue ground properly presented writing brothers brennan powell expressed view issue us procedure violated due process principle demeanor evidence critical ultimate factfinder criminal case must hear witnesses whose testimony findings based cf michelman formal associational aims procedural due process pennock chapman due process nomos xviii pp course mean suggest adverse effects fall within categories life liberty property fifth fourteenth amendments recent years held terms encompass statutory entitlements certain kinds grievous losses see vitek jones cf pruneyard shopping center robins ante marshall concurring principle deference must paid findings official hears testimony reflected wide variety areas law rule federal rules civil procedure trial factual findings may reversed clearly erroneous standard reflects common understanding ace face living witnesses original trier facts holds position advantage appellate judges excluded doubtful cases exercise power observation often proves accurate method ascertaining truth oregon medical society reason successor trial judge resigned died conclusion trial ordinarily barred resolving factual disputes basis trial transcript brennan grisso app nugent cert denied ex rel graham mancusi friendly applied principle habeas corpus proceedings invalidate procedure state appellate entered conviction lesser offense reversal original conviction required improperly admitted evidence stated due process forbids issue fact presented man sent prison without trier facts seen heard accusers desires testify weighing credibility light demeanor stand see part ii infra experience shows motions suppress evidence consume relatively small proportion time federal district judges recent study indicated suppression motions involving confessions filed federal criminal cases gao impact exclusionary rule federal criminal prosecutions report comptroller general app ii apr moreover rehearing district judge required cases since rehearing requirement imposed solely situations involving issues resolved basis record contested party finally rehearing requirement create additional burden judge otherwise choose hear witnesses light factors incremental expenses imposed ruling appeals relatively small government contends since congress constitutionally entitled create federal courts see palmore sheldon sill may instead entrust resolution federal questions state courts follows congress also authority create federal tribunals carry safeguards art iii view course render requirements art iii practically meaningless permitting congress vest judicial power whatever tribunal chose argument unpersuasive two additional reasons first represents revival discredited idea congress may attach whatever conditions wishes entities programs free create cf vitek jones logical infirmity concluding although congress free create federal courts chooses courts must described art iii subject limited exceptions second argument misconceives intentions underlay constitutional compromise embodied art iii framers especially concerned possibility alliance federal judges congress reason ensured federal judges isolated legislative branch federal government protected congressional reprisal state courts perceived necessarily independent federal government relatively reliable buffer excesses assurance possible respect federal judges unprotected provisions art iii follows assumptions art iii congress generally prohibited creating specially accountable federal tribunals time permitted entrust issues federal law state tribunals see generally tushnet invitation wedding thoughts article iii problem statutory interpretation iowa rev cf berger congress federal courts habeas corpus obliged examine facts independently every case townsend sain deference findings permitted absence allegation procedural irregularity holdings ng fung ho crowell make clear however deference based special role played state courts federal system rule allowing congress create iii tribunals make findings fact binding art iii courts see supra joseph stock yards indicated context claim unconstitutional confiscation requirement independent judicial judgment satisfied even gives weight may properly attach findings administrative body upon hearing evidence subsequent cases made clear scope judicial review confiscation claims may limited test see fpc national gas pipeline fpc hope natural gas alabama public service southern american trucking assns see generally davis administrative law treatise errs reads joseph stock yards establish far radical proposition questions fact may transferred decided iii federal tribunals see ante continued adherence ng fung ho white demonstrates reading unwarranted see jaffe judicial control administrative action view standard far preferable test draw rigid line issues law issues fact hold exception criminal trial latter need never resolved independently art iii line appears constitution contradicted rationale underlies tenure salary protections art iii alexander hamilton justified tenure salary protections art iii fashion inflexible uniform adherence rights constitution individuals perceive indispensable courts justice certainly expected judges hold offices temporary commission periodical appointments however regulated whomsoever made way fatal necessary independence next permanency office nothing contribute independence judges fixed provision support general course human nature power man subsistence amounts power federalist gideon ed emphasis original actual rehearing witnesses course required exceptional cases circumstances requirement independent judicial factfinding satisfied basis record review task fairly performed absence witnesses de novo hearing required indicated see supra district judge offered statement reasons explaining necessary hear witnesses abuse discretion found quite rarely see supra ante stewart dissenting