Simone Lawson
The US Constitution establishes the Supreme Court and other inferior courts, but it does not specify the number of judges. Instead, it permits Congress to decide how to organize the Supreme Court. The Judiciary Act of 1789 created a Supreme Court with six justices, but over the years, the number of seats has changed. The number of seats on the Supreme Court was fixed at nine shortly after the Civil War, and this number remains today with one Chief Justice and eight Associate Justices.
| Characteristics | Values |
|---|---|
| Number of judges in the Supreme Court | 9 (1 Chief Justice and 8 Associate Justices) |
| Appointment of judges | Appointed by the President and confirmed by the Senate |
| Jurisdiction | Original and appellate |
| Judges' salaries | Cannot be reduced while in office |
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What You'll Learn
The number of Supreme Court justices
The US Constitution establishes the Supreme Court in Article III, Section I, 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.
However, the Constitution leaves it to Congress to decide how to organise the Supreme Court. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices.
Over the years, the number of seats on the Supreme Court has changed. Various Acts of Congress have altered the number of seats, from a low of five to a high of 10. In the years following the Civil War, the number of seats was fixed at nine—one Chief Justice and eight Associate Justices. This number has remained the same to the present day.
The nine justices of the Supreme Court are nominated by the president and confirmed by the US Senate. The Court's jurisdiction is set out in Article III of the Constitution. It has original jurisdiction over certain types of cases and controversies, such as disputes between states. It also has appellate jurisdiction over other matters as conferred upon it by various statutes, under the authority given to Congress by the Constitution.
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Judges' salaries cannot be reduced while in office
The salaries of judges cannot be reduced while they are in office, as per Article III of the US Constitution. This is known as the Compensation Clause, which is rooted in the Anglo-American tradition of an independent judiciary. The clause ensures that judges are free from potential domination by other branches of the government, maintaining their independence. Once a judge's salary has come into effect, it cannot be reduced by Congress, although any promised increases may be repealed before they take effect.
The Supreme Court, the highest court in the US, is comprised of nine justices, including one Chief Justice and eight Associate Justices. These justices are appointed by the President and confirmed by the Senate. The Supreme Court has original jurisdiction over specific types of cases and controversies, such as disputes between states, and appellate jurisdiction over other matters as conferred by statutes.
The Court's most well-known power is judicial review, established in the Marbury v. Madison case in 1803. This power allows the Court to declare a Legislative or Executive act in violation of the Constitution. The Supreme Court also plays a crucial role in protecting civil rights and liberties by striking down unconstitutional laws and ensuring that popular majorities cannot pass laws detrimental to minority groups.
In addition to the Supreme Court justices, there are other types of federal judges, such as magistrate judges and bankruptcy judges. Magistrate judges are appointed by district judges to handle various judicial proceedings and meet specific eligibility criteria, including at least five years of experience in a state or territory's highest court bar. They are appointed for renewable terms of eight years, and there are also part-time magistrate judges who serve four-year terms. Bankruptcy judges may continue to provide judicial assistance after retirement, exercising the same powers and duties they had as active judges.
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The President nominates Supreme Court justices
The nomination and confirmation process for Supreme Court justices typically takes several months, but it can be completed more quickly. Presidents usually select a nominee a few weeks after a vacancy occurs or a retirement is announced. The average time from nomination to final Senate vote has been about 55 days since the mid-1950s. The speed of the process can vary depending on the President and the specific circumstances. For example, for the 14 vacancies since 1975 that only required one nomination, the average time between the date it was publicly known that a justice was leaving and the date the President publicly identified a nominee was about 19 days.
The nomination process involves the President selecting a nominee based on their own criteria. While the Appointments Clause does not set any qualifications, most presidents have sought out nominees with solid legal qualifications, distinguished reputations, or expertise in a particular area of the law. Many nominees have had prior experience as lower court judges, legal scholars, private practitioners, Members of Congress, federal administrators, or governors. Additionally, most presidents have nominated individuals who broadly share their political views or ideological philosophy. For instance, Ronald Reagan chose conservative jurists who he believed would further his goal of undoing the activism of the Warren and Burger Courts.
Once the President has selected a nominee, the nomination is referred to the Senate Judiciary Committee for consideration. This committee's examination of a Supreme Court nominee typically consists of three parts: a pre-hearing investigation, followed by public testimony, and then a Senate vote. The amount of time each nominee spends testifying before the committee varies; since 2005, nominees have spent between 17 and 32-plus hours testifying. After the committee has considered the nomination, it is passed on to the full Senate for confirmation.
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The Senate confirms Supreme Court justices
The United States Constitution establishes the Supreme Court, but it does not specify the number of judges. The number of seats on the Supreme Court has changed over time, ranging from five to ten. The Judiciary Act of 1789 initially created a Supreme Court with six justices. After the Civil War, the number of seats was fixed at nine, which remains the case today.
The nine justices of the Supreme Court are nominated by the President and confirmed by the Senate. Article II, Section 2 of the Constitution states that the President "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint". This process of nomination and confirmation is also seen with Associate Justices, such as the nomination of Brett M. Kavanaugh to replace Associate Justice Anthony M. Kennedy, which was confirmed.
The Supreme Court plays a crucial role in the constitutional system of government. It is the highest court in the land and serves as the court of last resort for those seeking justice. One of its essential powers is judicial review, which allows the Court to declare a Legislative or Executive act in violation of the Constitution. This authority was established in the case of Marbury v. Madison in 1803.
The Supreme Court's jurisdiction is set out in Article III of the Constitution. It has original jurisdiction over specific cases and controversies, such as disputes between states. Additionally, the Court has appellate jurisdiction over other matters as conferred by various statutes under the authority granted to Congress by the Constitution.
The nomination and confirmation process for Supreme Court justices is a significant aspect of the Senate's role in shaping the judiciary. The Senate's confirmation vote carries substantial weight in determining the composition of the Supreme Court, which, in turn, has a profound impact on society and the interpretation and application of constitutional rights and liberties.
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The role of magistrate judges
The position and authority of magistrate judges were established in 1968 by the Federal Magistrates Act. Magistrate judges are judicial officers of the U.S. district courts and are appointed by a majority vote of the federal district judges of a particular district. They are appointed for a renewable term of eight years if they are full-time, and four years if part-time.
Magistrate judges assist U.S. district court judges in the performance of their duties. They are assigned to work with certain district judges, although they may not do so on all categories of cases. In other instances, they are randomly assigned to cases. Magistrate judges generally oversee the first appearances of criminal defendants, set bail, and conduct other administrative duties. They may also be authorized to preside in almost every type of federal trial proceeding except for felony cases.
In criminal proceedings, magistrate judges preside over misdemeanour and petty offence cases, and may issue search warrants, arrest warrants, and summonses. They can also accept criminal complaints, conduct initial appearance proceedings and detention hearings, hold preliminary hearings and examinations, administer oaths, conduct extradition proceedings, and conduct evidentiary hearings on motions to suppress evidence in felony cases for issuance of recommendations to the district judge.
In civil proceedings, magistrate judges typically manage discovery and other pretrial matters. They are authorized to issue orders in pretrial matters as long as the order is not dispositive of the case as a whole.
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Frequently asked questions
No, the Constitution does not specify a number of judges.
There are nine judges on the Supreme Court: one Chief Justice and eight Associate Justices.
The judges are appointed by the President and confirmed by the Senate.
No, the Constitution provides that judges' salaries cannot be reduced during their continuance in office.
The Constitution states that judges "shall hold their Offices during good Behaviour". There is no mandatory retirement age for Article III judges, so they can serve for life.
