> The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

Congress certainly does have the 'say so' -- at least with 'inferior Courts'. That still leaves the Supreme Court though as final arbiter.

That's the crux of the matter. The root cause is that half of Americans are okay with such courts.

I'd like to agree with you. I believe there is a category of societal actions that constitutes a court of justice within the framework of a civil society; secrecy doesn't fall into that category.