The Supreme Court: Why Nine Justices?

The number of justices on the Supreme Court of the United States (SCOTUS) has been a topic of debate and political manipulation over the years. While the US Constitution grants Congress the power to determine the number of justices, it does not specify an exact number. The Judiciary Act of 1789 established the first Supreme Court, comprising a chief justice and five associate justices. Since 1869, the number has been set at nine justices, with six required for a quorum. However, there have been proposals and attempts to change the number, such as President Franklin D. Roosevelt's plan to add new justices sympathetic to his policies, which was seen as a court-packing scheme. Some have argued for a larger court, suggesting that it would reduce the influence of a single swing voter and make the Supreme Court more comparable in size to federal circuit courts.

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The US Constitution grants Congress the power to determine the number of justices

The number of justices on the Supreme Court of the United States (SCOTUS) has been a topic of debate and political manipulation over the years. The US Constitution grants Congress the power to determine the number of justices on the Supreme Court. This power stems from Article III, Section 1 of the Constitution, which states: "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."

The first Supreme Court, established by the Judiciary Act of 1789, consisted of six justices, including a chief justice and five associate justices. Since then, the number of justices has ranged between five and ten. In 1869, a new Judiciary Act sponsored by Senator Lyman Trumbull set the number of justices back to nine, and this number has remained unchanged since.

Congress has always allowed less than the full membership of the Supreme Court to make decisions, with a quorum of four justices established in 1789. This means that only six justices are required at a sitting to make decisions. While the Constitution grants Congress the power to determine the number of justices, it is the President who nominates and appoints these justices, with the confirmation of the United States Senate.

Over the years, there have been attempts by both Congress and the President to alter the number of justices for various reasons. For example, in 1937, President Franklin D. Roosevelt proposed a reorganization bill to add new justices who would support his policies, an act that was seen as a court-packing scheme. Similarly, in 1837, President Andrew Jackson added two additional justices after Congress expanded the number of federal circuit court districts. These examples illustrate the ongoing political implications of the Supreme Court's composition and the power granted to Congress to determine its size.

The number of Supreme Court justices has ranged between 5 and 10

The number of Supreme Court justices in the United States is not set in the Constitution. Instead, the Constitution allows Congress to decide on the number of justices. The Judiciary Act of 1789 established the first Supreme Court, with six justices. The number of justices has ranged between five and ten since then.

In 1837, President Andrew Jackson added two justices after Congress expanded the number of federal circuit court districts. During the Civil War, Congress created a tenth circuit and briefly had a tenth Supreme Court justice. However, in 1866, Congress passed legislation to reduce the Court to seven justices.

In 1869, a new Judiciary Act sponsored by Senator Lyman Trumbull set the number of justices back to nine, with six justices required to form a quorum. This number has remained stable since then, aside from Franklin D. Roosevelt's proposal to add new justices who sympathized with his policies. Roosevelt's plan was seen as a court-packing scheme and did not gain support in Congress.

The debate over the number of Supreme Court justices is not new, and proposals to change the number have been made throughout history. Some have argued for a larger court, such as law professor Jonathan Turley, who suggested a 19-person court in 2012. Others have proposed specific numbers, such as 27, to address concerns about the court's current design and the impact of a single swing voter.

Congress has always allowed less than the court's full membership to make decisions

The number of justices on the Supreme Court of the United States (SCOTUS) is not mentioned in the US Constitution. Instead, the Constitution grants Congress the power to determine the number of justices. The Judiciary Act of 1789 established the first Supreme Court, with six justices. Since then, the number of justices has ranged from five to ten.

Throughout its history, the Supreme Court has had a varying number of justices. In 1837, President Andrew Jackson added two additional justices after Congress expanded the number of federal circuit court districts. During the Civil War, Congress created a tenth circuit and briefly had a tenth Supreme Court Justice. However, this was short-lived, and in 1866, Congress passed legislation to reduce the Court to seven justices.

In 1937, President Franklin D. Roosevelt proposed a reorganization bill that would have allowed him to appoint additional justices who aligned with his policies. This was seen as a court-packing scheme and was not well-received. Roosevelt's plan did not gain traction, and the number of justices has remained stable at nine since 1869.

The power to determine the number of justices on the Supreme Court lies with Congress, and they can pass a law changing the court's size at any time.

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Roosevelt's Judicial Procedures Reform Bill of 1937 to add six new justices failed

The number of justices on the Supreme Court of the United States (SCOTUS) is not fixed by the US Constitution. Instead, the Constitution gives Congress the power to determine the number of justices. The number of justices on the Supreme Court has ranged between 5 and 10, but since 1869, it has been set at 9.

In 1937, Franklin D. Roosevelt, who had just won a second term in office, proposed the Judicial Procedures Reform Bill of 1937. This bill would have allowed the president to appoint an additional justice to the Supreme Court for every sitting justice over the age of 70, up to a maximum of six. Roosevelt's plan, often referred to as the "court-packing plan", was an attempt to gain favourable rulings on his New Deal legislation, which the Supreme Court had previously ruled unconstitutional. The Supreme Court at the time was conservative-leaning, with four justices, nicknamed the "Four Horsemen", who consistently voted against New Deal plans.

The Judicial Procedures Reform Bill of 1937 faced opposition from Chief Justice Charles Evans Hughes and liberal Justice Louis Brandeis. Hughes argued that adding additional justices would only delay the resolution of cases. Roosevelt's plan was also seen as a power grab that would give him too much influence over the Supreme Court. The bill ultimately failed, and Roosevelt was unable to add any new justices to the Supreme Court during his first term. However, he did appoint eight justices during his time in office, and the makeup of the court shifted in favour of his policies.

The number of justices can be changed by Congress at any time

The number of Supreme Court justices in the United States is not set at nine by the Constitution. Instead, the Constitution gives Congress the power to determine the number of justices. This number has changed over time, ranging between five and ten, but since 1869, it has been set at nine.

Article III, Section 1 of the Constitution states: "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 grants Congress the authority to establish courts and determine the number of justices.

The Judiciary Act of 1789 established the first Supreme Court, consisting of six justices, including a chief justice and five associate justices. Since then, Congress has passed laws to adjust the number of justices on the Supreme Court. For example, in 1837, President Andrew Jackson added two additional justices after Congress expanded the number of federal circuit court districts. In 1863, during the Civil War, Congress created a tenth circuit and briefly had a tenth Supreme Court Justice. However, in 1866, Congress passed legislation to reduce the Court to seven justices.

The current number of nine justices was set in 1869 by a new Judiciary Act sponsored by Senator Lyman Trumbull. This number has remained stable since then, except for President Franklin Roosevelt's unsuccessful attempt to add new justices who sympathized with his policies.

While the Constitution grants Congress the power to change the number of justices, it is important to note that the process of appointing justices is outlined in the Constitution. According to Article II, Section 2, Clause 2, known as the Appointments Clause, the president has the power to nominate and appoint justices to the Supreme Court with the confirmation of the United States Senate.

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