Isabella Carter
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. While the U.S. Constitution establishes the Supreme Court, it does not specify the size of the Supreme Court or any specific positions for its members. The power to define the Supreme Court's size and membership has been assumed to belong to Congress, which initially established a six-member Supreme Court through the Judiciary Act of 1789. The size of the court has changed over time, from a low of five to a high of ten, and was last changed in 1869 when it was set at nine, where it remains today.
| Characteristics | Values |
|---|---|
| Does the Constitution define the size of the Supreme Court? | No, the Constitution does not specify the size of the Supreme Court. |
| Current size of the Supreme Court | 9 members: one chief justice and eight associate justices. |
| Highest number of justices | 10 |
| Lowest number of justices | 5 |
| Power to define the Supreme Court's size | Congress |
| First Supreme Court size | Six members: one chief justice and five associate justices. |
| Size of the court changed | 1869 |
| Jurisdiction | Original and appellate jurisdiction |
| Judicial review | Ability to declare a Legislative or Executive act in violation of the Constitution |
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What You'll Learn
The US Constitution does not specify the size of the Supreme Court
Congress first established a six-member Supreme Court, composed of a chief justice and five associate justices through the Judiciary Act of 1789. The size of the court was first altered by the Midnight Judges Act of 1801, which would have reduced the size of the court to five members upon its next vacancy. However, the Judiciary Act of 1802 promptly negated this. The size of the Supreme Court grew to accommodate the establishment of new circuits as the nation expanded. In 1807, a seventh justice was added to the court, and in 1837, an eighth and ninth justice joined.
The size of the Court reached its highest point in 1863 with the creation of a Tenth Circuit on the west coast and the appointment of a tenth justice. In 1866, Congress reduced the size of the Court to seven justices and provided that no vacant seats be filled until that number was reached. The number of sitting justices fell to eight before an act of 1869 provided for nine justices, one for each of the judicial circuits established in 1866. The size of the Court has since remained the same, with one Chief Justice and eight Associate Justices.
The Supreme Court is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, such as those involving ambassadors and other public ministers. The Court's best-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the text of the Constitution but was established in the landmark case of Marbury v. Madison in 1803.
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Congress decides the size and membership of the Supreme Court
The U.S. Constitution does not specify the size of the Supreme Court or the specific positions of its members. Instead, the power to define the Supreme Court's size and membership has been assumed to belong to Congress.
Congress first established the Supreme Court's size and membership through the Judiciary Act of 1789, which created a six-member Supreme Court composed of a chief justice and five associate justices. Over time, the size of the court has changed to accommodate the establishment of new circuits as the nation expanded. For example, in 1807, a seventh justice was added, and in 1837, an eighth and ninth justice joined the Supreme Court. The size of the Court reached its highest point in 1863 with the creation of a Tenth Circuit and the appointment of a tenth justice.
However, Congress reduced the size of the Court again in 1866 to seven justices and provided that no vacant seats be filled until that number was reached. The number of sitting justices fell to eight before an act of 1869 provided for nine justices, one for each of the judicial circuits established in 1866. The size of the Court has remained at nine justices since then, with one chief justice and eight associate justices.
While Congress decides the size and membership of the Supreme Court, it is important to note that the Constitution establishes the Supreme Court's jurisdiction, or legal ability to hear a case, through Article III, Section II. Additionally, the Supreme Court has interpreted the Constitution and played a crucial role in ensuring that each branch of government recognizes its power limits.
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The Supreme Court has nine members
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. The US Constitution does not specify the size of the Supreme Court or the specific positions of its members. However, the Constitution assumes the existence of the office of the chief justice, as mentioned in Article I, Section 3, Clause 6, which states that "the Chief Justice" must preside over impeachment trials of the President of the United States.
The power to determine the size and membership of the Supreme Court rests with Congress, which initially established a six-member Court through the Judiciary Act of 1789. Over time, the size of the Court has varied, reaching a high of ten justices in 1863 with the creation of a Tenth Circuit on the West Coast. In 1866, Congress reduced the size of the Court to seven justices, and in 1869, the Court was set at its current size of nine justices through an act of Congress. The Court consists of one chief justice and eight associate justices, making it one of the smallest supreme courts in the world.
The size of the Supreme Court has been a topic of debate and proposed changes. During the first presidency of Donald Trump, the expansion of a 5-4 conservative majority to a 6-3 supermajority led analysts to call the court the most conservative since the 1930s. This prompted calls for an expansion in the Court's size to address what some perceived as an imbalance. In April 2021, during the 117th Congress, some Democrats in the House of Representatives introduced the Judiciary Act of 2021, a bill to expand the Supreme Court from nine to 13 seats.
The Supreme Court's size and composition have evolved over time, reflecting the nation's expansion and changes in legislation. The Court's current size of nine members has remained unchanged since 1869, with the power to make any future alterations resting with Congress.
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The Supreme Court has the power of judicial review
The US Constitution establishes the federal judiciary, with Article III, Section I stating that "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." However, the Constitution does not specify the size of the Supreme Court or the specific positions of its members. Instead, it leaves the power to define the Court's size and membership to Congress, which established a six-member Supreme Court in 1789 through the Judiciary Act.
The Supreme Court's power of judicial review has significant implications for the US constitutional system of government. As the highest court in the land, it serves as the court of last resort for those seeking justice. The Court's power of judicial review ensures that each branch of government recognizes the limits of its authority. It plays a crucial role in safeguarding civil rights and liberties by striking down laws that violate the Constitution. Additionally, the Court sets limits on democratic rule by preventing the majority from passing laws that harm or take advantage of minority groups.
The Supreme Court's power of judicial review extends to reviewing executive orders and the actions of the executive branch. The Court can strike down executive orders on the grounds of a lack of presidential authority or unconstitutional substance. This review process helps define the scope of presidential powers and maintains the checks and balances within the constitutional system.
The Supreme Court's power of judicial review has been a subject of debate, with some arguing that the Court holds excessive power that may lead to self-indulgence rather than dispassionate analysis. Critics have pointed to the shift of power from juries to the Court and the influence of legal elites and companies as factors contributing to this perceived concentration of power.
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The Supreme Court is the highest court in the federal judiciary of the US
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." This power of judicial review was asserted in 1803, in the landmark case of Marbury v. Madison, where the Court held that an Act of Congress contrary to the Constitution could not stand.
The Constitution does not specify the size of the Supreme Court, nor does it specify any specific positions for the court's members. The Constitution assumes the existence of the office of the chief justice, because it mentions in Article I, Section 3, Clause 6 that "the Chief Justice" must preside over impeachment trials of the President of the United States. The power to define the Supreme Court's size and membership has been assumed to belong to Congress, which initially established a six-member Supreme Court composed of a chief justice and five associate justices through the Judiciary Act of 1789.
Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of ten. Shortly after the Civil War, the number of seats on the Court was fixed at nine. Today, there is one Chief Justice and eight Associate Justices of the United States Supreme Court. The size of the court was last changed in 1869, and it has remained the same since.
The Supreme Court plays a very important role in the constitutional system of government. As the highest court in the land, it is the court of last resort for those looking for justice. It also plays an essential role in ensuring that each branch of government recognizes the limits of its own power. The Court protects civil rights and liberties by striking down laws that violate the Constitution. Finally, it sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm and/or take undue advantage of unpopular minorities.
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Frequently asked questions
No, the Constitution does not specify the size of the Supreme Court or any specific positions for its members.
Article III, Section I of the Constitution establishes the federal judiciary and states that "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." This gives Congress the power to decide how to organize the Supreme Court.
The size of the Supreme Court has changed multiple times throughout history, ranging from five to ten justices. The Judiciary Act of 1789 established a six-member Supreme Court, and the size was altered by the Midnight Judges Act of 1801, which would have reduced the court to five members. However, this was promptly changed by the Judiciary Act of 1802. The size of the court reached its highest point in 1863 with ten justices. The number was reduced to seven in 1866 and was fixed at nine in 1869, which remains the current size.
The size of the Supreme Court has been changed to accommodate the establishment of new circuits as the nation expanded. Additionally, there have been proposals to change the size of the court for political reasons, such as during the first presidency of Donald Trump, when some Democrats introduced the Judiciary Act of 2021 to expand the court from nine to thirteen seats.
