Summary

Ex parte Bakelite Corporation…

They are not suits at common law within its true meaning. The government cannot be sued, except with its own consent. It can declare in what court it may be sued, and prescribe the forms of pleading and the rules of practice to be observed in such suits. It may restrict the jurisdiction of the court to a consideration of only certain classes of claims against the United States.
Source: Wikisource

Ex parte Bakelite Corporation…

It mistakenly assumes that whether a court is of one class or the other depends on the intention of Congress, whereas the true test lies in the power under which the court was created and in the jurisdiction conferred. Nor has there been any settled practice on the part of Congress which gives special significance to the absence or presence of a provision respecting the tenure of judges.
Source: Wikisource

Ex parte Bakelite Corporation…

In this Court counsel have addressed arguments, not only to the two questions bearing on the jurisdiction of the Court of Customs Appeals, but also to the question whether, if that court be exceeding its jurisdiction, this Court has power to issue to it a writ of prohibition to arrest the unauthorized proceedings.
The power of this Court to issue writs of prohibition never has been clearly defined by statute [1] or by decisions. [2] And the existence of the power in a situation like the present is not free from doubt.
Source: Wikisource

Get perspective with Kwize: daily news enlightened by great literature