Jonah Patel
The U.S. Constitution does not specify the size of the Supreme Court or the number of Supreme Court judges. Instead, it grants Congress the power to determine the number of justices. Over the years, the number of seats on the Supreme Court has ranged from five to ten. Since 1869, the number has been set at nine—one Chief Justice and eight Associate Justices. The number of justices on the Supreme Court has been politically manipulated over the years.
| Characteristics | Values |
|---|---|
| Does the U.S. Constitution specify the size of the Supreme Court? | No |
| Does the U.S. Constitution specify any specific positions for the court's members? | No |
| Does the U.S. Constitution grant power to determine the number of justices to Congress? | Yes |
| Number of justices on the Supreme Court | 9 (since 1869) |
| Range of the number of justices on the Supreme Court | 5-10 |
| Number of Supreme Court justices in New York City | 171 |
| Number of Supreme Court justices in New York State | 154 |
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What You'll Learn
- The US Constitution does not specify the size of the Supreme Court
- Congress decides the number of Supreme Court judges
- The number of Supreme Court judges has ranged from 5 to 10
- The number of Supreme Court judges has been set at 9 since 1869
- The number of Supreme Court judges in New York City is capped at 171
The US Constitution does not specify the size of the Supreme Court
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 10. For example, in 1866, Congress passed legislation decreasing the number of judges from 10 to seven. This decision was short-lived, and in 1869, the number was set to nine, where it remains today.
The Constitution assumes the existence of the office of the chief justice, as 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. However, it does not specify any specific positions for the court's members beyond this.
The US Constitution grants Congress the power to determine how many justices sit on the Supreme Court, and this number has been politically manipulated over the years.
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Congress decides the number of Supreme Court judges
The U.S. Constitution does not specify the size of the Supreme Court or the number of specific positions for its members. It does, however, assume 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 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 10. Shortly after the Civil War, the number of seats on the Court was fixed at nine—one Chief Justice and eight Associate Justices—which remains the case today.
Congress has the power to determine the number of justices on the Supreme Court, and this has been politically manipulated over the years. For example, in 1866, Congress passed legislation decreasing the number of judges from 10 to 7 to limit President Andrew Johnson's power and prevent him from appointing a new justice.
At the state level, New York State's Constitution provides for the total number of justices of the Supreme Court in each judicial district, with the Legislature able to increase the number of Supreme Court justices in any judicial district every ten years. However, this is subject to a population-based cap, which has resulted in an insufficient number of Supreme Court justices to handle the significant volume of cases in New York City and New York County (the 1st Judicial District).
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The number of Supreme Court judges has ranged from 5 to 10
The U.S. Constitution does not specify the size of the Supreme Court or the number of specific positions for its members. Instead, it grants Congress the power to determine the number of justices. Over the years, the number of seats on the Supreme Court has varied from five to ten.
The Judiciary Act of 1789, passed by Congress, initially established a six-member Supreme Court, including a chief justice and five associate justices. The Midnight Judges Act of 1801 would have reduced the size of the court to five members, but the Judiciary Act of 1802 promptly restored the court's size to six members.
Following the Civil War, the number of seats on the Court was temporarily fixed at eight before being increased to nine in 1869, where it has remained since. This number has been subject to political manipulation, such as when Congress passed legislation in 1866 to decrease the number of judges from ten to seven, limiting President Andrew Johnson's power to appoint a new justice.
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The number of Supreme Court judges has been set at 9 since 1869
The number of judges in the US Supreme Court has been set at nine since 1869. However, the US Constitution does not specify the size of the Supreme Court or any specific positions for its members. Instead, it grants Congress the power to determine the number of justices.
Congress first exercised this power in the Judiciary Act of 1789, creating a Supreme Court with six justices. Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, ranging from a low of five to a high of ten.
The number of justices on the Supreme Court has been politically manipulated at times. For example, in 1866, Congress passed legislation decreasing the number of judges from ten to seven to limit President Andrew Johnson's power. However, this decision was short-lived, and in 1869, the number was set at nine, where it has remained ever since.
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The number of Supreme Court judges in New York City is capped at 171
The U.S. Constitution does not specify the size of the Supreme Court or the number of positions for its members. The Constitution assumes the existence of the office of the chief justice, but it does not mention the number of Supreme Court judges. 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.
However, the number of Supreme Court judges in individual states may vary and can be subject to a cap. For example, in New York City, the number of Supreme Court judges are capped at 171 due to a population-based constitutional cap. This cap has resulted in an insufficient number of judges to handle the significant volume of cases in the city, which exceeds 100,000 annually. To address this issue, judges from other courts are designated as "Acting" Supreme Court justices.
The New York State Supreme Court has unlimited jurisdiction in both civil and criminal cases, except for certain monetary claims against the state. The court hears civil actions involving claims above a specified monetary amount, such as $50,000 in New York City, which falls beyond the jurisdiction of lower courts. It also handles civil cases seeking equitable relief, matrimonial actions, and felony cases in the five counties of New York City.
The population-based cap in New York City does not adequately consider the presence of non-resident workers, visitors, and business associations in the city, leading to an overloaded court system. The state Legislature has the authority to increase the number of justices in any judicial district once a decade, but the current cap has resulted in a shortage of judges in New York City.
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Frequently asked questions
No, the US Constitution does not specify the size of the Supreme Court. The Constitution grants Congress the power to determine the number of justices.
No, the number of Supreme Court judges has ranged from five to ten. However, since 1869, the number has been set at nine.
Yes, there is a population-based constitutional cap on the number of Supreme Court justices in New York City, providing a maximum of 171 justices.
