Simone Lawson
The number of justices serving on the Supreme Court has been a topic of discussion and manipulation since the court's inception. The U.S. Constitution does not specify the number of justices that should serve on the Court, and this number has fluctuated between 5 and 10 since the Judiciary Act of 1789, which created the U.S. Supreme Court. The current number of nine justices was set in 1869, with the passage of the Judiciary Act that year.
| Characteristics | Values |
|---|---|
| Number of Supreme Court Justices | 9 |
| Year the number was set at 9 | 1869 |
| Previous number of justices | Between 5 and 10 |
| Year with the lowest number of justices | 1801 |
| Number of justices in 1801 | 5 |
| Year with the highest number of justices | 1863 |
| Number of justices in 1863 | 10 |
| Who decides the number of justices | Congress |
| Who appoints the justices | The President |
| Who confirms the justices | The Senate |
| Tenure | Justices generally hold tenure for life |
| Removal | Justices may be removed if they are impeached by the House of Representatives and convicted by the Senate |
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What You'll Learn
The US Constitution does not specify the number of justices
However, in 1801, the number of justices was decreased to five by the Judiciary Act of 1801, passed by John Adams and the Federalists. This change was short-lived, as Jefferson and his new Congress quickly repealed the act, bringing the number of justices back to six.
As the country expanded, the number of Supreme Court justices also increased. By the start of the Civil War, there were nine justices, including one for each of the expanding circuit courts in the American West. Abraham Lincoln, wanting to cement an anti-slavery majority on the Court, added a tenth justice in 1863.
After the Civil War, Congress clashed with Lincoln's successor, Andrew Johnson, and passed legislation in 1866 that reduced the number of justices to seven to limit Johnson's power. The last time Congress changed the number of justices was in 1869, when the Judiciary Act set the number at nine, which has remained the size of the Court since.
While the Constitution does not specify the number of justices, it does outline the process for appointing them. The President nominates a candidate when a vacancy opens, and the Senate Judiciary Committee considers the nomination. The nominee testifies in public hearings, and the Judiciary Committee decides whether to report the nomination favorably, unfavorably, or without a recommendation to the full Senate for a confirmation vote. Justices generally hold tenure for life and can only be removed by impeachment.
Transcription: Understanding the Process and Its True Nature
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Congress decides the number of justices
The number of justices in the Supreme Court of the United States (SCOTUS) has been determined by Congress. The U.S. Constitution does not specify the number of justices that should serve on the Court. The Constitution is silent on this matter, and the office of Chief Justice exists only because it is mentioned in the Constitution under Senate rules for impeachment proceedings.
The number of justices has been changed multiple times by Congress to achieve its own partisan political goals. The first instance of this was under the Judiciary Act of 1789, which established the detailed organisation of a federal judiciary. The Act decided that the Supreme Court would be composed of a chief justice and five associate justices. This was because, in 1789, there were 13 circuit courts, and each circuit court would be presided over by three judges: one district court judge from the state and two Supreme Court justices. This meant that six Supreme Court justices were needed to cover the three regions of Eastern, Middle and Southern.
The number of justices was decreased to five in 1801 under John Adams, but this was repealed by Thomas Jefferson, bringing the number back to six. In 1857, there were nine justices to cover the additional circuit courts in the expanding American West. Abraham Lincoln added a tenth justice in 1863 to cement an anti-slavery majority on the Court. In 1866, Congress passed legislation that cut the number of justices back to seven to limit the power of Lincoln's successor, Andrew Johnson.
Since 1869, the number of justices has been set at nine. This was decided by Congress to meet a political end, as they wanted to limit the power of Andrew Johnson, who was rapidly undoing the Radical Republicans' plan for Reconstruction.
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The number of justices has historically fluctuated
The number of Supreme Court justices has indeed fluctuated over time. The U.S. Constitution does not specify how many justices should serve on the Court. The Constitution is silent on the matter, and it is Congress that decides the size of the Supreme Court.
The Judiciary Act of 1789 created the U.S. Supreme Court, and it originally consisted of six members: a Chief Justice and five Associate Justices. The reason for this number was that two justices could preside over each of the three regions of the circuit courts: Eastern, Middle, and Southern. This division was designed to limit the geographical area travelled by the justices.
The number of justices has been changed several times by Congress to meet its own political goals. For example, in 1801, the number of justices was decreased from six to five by John Adams and the Federalists, to limit the odds of Jefferson nominating a new justice during his term. In response, Jefferson and his new Congress quickly repealed the Judiciary Act of 1801, bringing the number of justices back to six.
By the start of the Civil War, the number of justices had increased to nine to cover additional circuit courts in the expanding American West. Abraham Lincoln added a tenth justice in 1863 to cement an anti-slavery majority on the Court. After the Civil War, Congress clashed with Lincoln's successor, Andrew Johnson, and passed legislation in 1866 that cut the number of justices back to seven to limit Johnson's power.
The last time Congress changed the number of justices was in 1869, when the Judiciary Act increased the size of the Court to nine justices, which has been the consistent number ever since. This change was made to meet a political end, as Congress wanted to limit the power of Johnson's successor, Ulysses S. Grant.
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The number of justices is subject to political manipulation
The number of justices on the Supreme Court has been subject to political manipulation over the years. The U.S. Constitution grants Congress the power to determine the number of justices, and this number has ranged between five and ten. However, since 1869, the number has been consistently set at nine.
The first Supreme Court, established by the Judiciary Act of 1789, consisted of six justices. This number was chosen to allow two justices to preside over each of the three circuit court regions: Eastern, Middle, and Southern. In 1800, a month before the presidential election, Chief Justice Oliver Ellsworth resigned due to illness. His successor, John Marshall, was nominated and confirmed by Congress during a lame-duck session. The following year, Congress passed the Judiciary Act of 1801, which reduced the number of Supreme Court justices from six to five. This move was intended to decrease the odds of President Jefferson nominating a new justice during his term. However, Jefferson and his new Congress quickly repealed the act, restoring the number of justices to six.
As the country expanded westward, the number of Supreme Court justices increased to nine to cover additional circuit courts. However, in 1863, President Abraham Lincoln added a tenth justice to cement an anti-slavery majority on the Court. After the Civil War and Lincoln's assassination, Congress clashed with Lincoln's successor, Andrew Johnson, who was undoing the Radical Republicans' plan for Reconstruction. To limit Johnson's power, Congress passed legislation in 1866 that reduced the number of justices to seven, ensuring that Johnson would not have the opportunity to fill a vacant seat.
The last time Congress changed the number of Supreme Court justices was in 1869, again for political reasons. The number has remained at nine since then. The idea of court-packing, or adding justices to alter the makeup of the court, has been a topic of debate, with some arguing that it threatens the rule of law and judicial independence.
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Justices are nominated by the President and confirmed by the Senate
The number of justices on the Supreme Court has been politically manipulated over the years. The U.S. Constitution grants Congress the power to determine the number of justices, and this number has ranged between 5 and 10. Since 1869, however, the number has been consistently set at 9.
The process of selecting Supreme Court justices involves nomination by the President and confirmation by the Senate. This process is outlined in Article II, Section 2, Clause 2 of the United States Constitution, known as the Appointments Clause. This clause empowers the President to nominate and, with the confirmation of the Senate, appoint public officials, including justices of the Supreme Court.
Historically, the Senate has generally deferred to the President's choices for the Supreme Court, often confirming appointments within days of nomination. However, senators have demonstrated their willingness to reject nominees whose political views do not align with their own. For example, in 1795, chief justice nominee John Rutledge was the first judicial nominee to be formally rejected due to his criticism of the Senate's approval of the Jay Treaty.
The process of confirming Supreme Court justices has become increasingly contentious due to the ideological polarization of the two major political parties. This has resulted in a slower pace of confirmation and more rigorous scrutiny of nominees. For instance, in 1987 and 1991, the contentious televised hearings of Robert Bork and Clarence Thomas, respectively, left bitter feelings in the Senate.
In addition to the Senate's role in confirming nominees, the process of selecting Supreme Court justices has also been influenced by political strategies and the desire to achieve partisan goals. For example, in 1801, John Adams and the Federalists passed the Judiciary Act, which decreased the number of Supreme Court justices from six to five, limiting the chances of Jefferson nominating a new justice during his term.
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Frequently asked questions
There are currently nine justices in the Supreme Court.
No, the number of justices has fluctuated over the years, ranging between five and ten.
The U.S. Constitution grants Congress the power to determine the number of justices.
The nine justices are Roberts, Alito, Barrett, Gorsuch, Jackson, Kagan, Kavanaugh, Sotomayor, and Thomas.
