Malcolm Rivera
The Supreme Court is the highest court in the United States and plays a critical role in the country's constitutional system of government. While the US Constitution establishes the Supreme Court, it does not specify the number of justices required. Instead, it gives Congress the authority to determine the Court's organisation. The Judiciary Act of 1789 set the initial number of Supreme Court justices at six, comprising one chief justice and five associate justices. Today, the Supreme Court consists of nine justices, including the chief justice and eight associate justices.
| Characteristics | Values |
|---|---|
| Number of Supreme Court Justices | 9 (1 Chief Justice and 8 Associate Justices) |
| Appointment | Appointed by the President and confirmed by the Senate |
| Tenure | Lifetime tenure, unless impeached and removed from office |
| Jurisdiction | Original and appellate jurisdiction |
| Powers | Judicial review, declaring laws unconstitutional, interpreting the law |
| Role | Court of last resort, ensuring government branches recognize their limits, protecting civil rights and liberties, setting limits on democratic government |
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What You'll Learn
The Supreme Court's power to declare laws unconstitutional
The United States Constitution establishes the federal judiciary 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.
The Constitution permits Congress to decide how to organise the Supreme Court, which it first did in the Judiciary Act of 1789. This act created a Supreme Court with six justices: one chief justice and five associate justices. The number of seats on the Supreme Court has since changed several times, ranging from five to ten justices. The Judiciary Act of 1789 also gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law).
In Marbury v. Madison (1803), the Supreme Court established its power to declare laws unconstitutional. In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. A suit was brought under the Judiciary Act of 1789, but the Supreme Court noted that the Constitution did not permit it to have original jurisdiction in this matter. Chief Justice John Marshall explained that the authority to interpret the law was the particular province of the courts and that it was the constitutional duty of the judiciary to read and obey the dictates of the Constitution. Since Article VI of the Constitution establishes the Constitution as the supreme law of the land, the Court held that an Act of Congress that is contrary to the Constitution could not stand.
The Supreme Court's power of judicial review is essential in ensuring that each branch of government recognises the limits of its power. It also plays a role in protecting civil rights and liberties by striking down laws that violate the Constitution. For example, in New York v. United States (1992), the Court held that Congress may not compel states to enact or enforce a federal regulatory program. In City of Boerne v. Flores (1997), the Court found that the Religious Freedom Restoration Act (RFRA) could not be understood as a response to unconstitutional behaviour as it was "out of proportion to a supposed remedial or preventive object". The Supreme Court also has the power to review and strike down state laws that violate the Constitution. For instance, in Keller v. Potomac Elec. Co. (1923), the Court held that a provision of the District of Columbia Public Utility Commission Act that authorised appeals to the United States Supreme Court from decrees of the District of Columbia Court of Appeals was an attempt to extend its appellate jurisdiction to cases that were not strictly judicial.
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The role of the President in nominating justices
The United States Constitution establishes the Supreme Court, but it does not specify the number of justices that should be on it. Instead, it permits Congress to decide how to organise the Court. The Constitution does, however, outline the role of the President in nominating and appointing justices to the Supreme Court.
The President nominates and, with the advice and consent of the Senate, appoints justices to the Supreme Court. This is in accordance with Article II, Section 2, Clause 2 of the United States Constitution, also known as the Appointments Clause. The President's power to appoint justices is subject to Senate confirmation.
The President's public approval ratings can influence the type of nominee they can expect the Senate to support. A President with strong approval ratings may have an easier time achieving confirmation for a justice, or they may have broader leeway in the type of justice they nominate. Similarly, a shift in party control of the Senate can significantly alter the type of nominee a President can expect to be confirmed.
The Supreme Court is the highest court in the United States and plays a crucial role in the constitutional system of government. It serves as the court of last resort for those seeking justice, and its power of judicial review ensures that each branch of government recognises the limits of its power. The Court also protects civil rights and liberties by striking down laws that violate the Constitution.
The number of justices on the Supreme Court has varied over time, from a low of five to a high of ten. The Judiciary Act of 1789, passed by the 1st United States Congress, established a Supreme Court with six justices, including one chief justice and five associate justices. Since 1869, the Court has consisted of nine justices: one chief justice and eight associate justices.
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The independence of the judiciary
The number of Supreme Court justices that the US Constitution requires is not explicitly stated. Article III, Section I of the Constitution establishes the federal judiciary and 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.
Congress first exercised its power to determine the number of Supreme Court justices in the Judiciary Act of 1789, which created a Supreme Court with six justices. The number of seats on the Court has since been altered several times by Acts of Congress, ranging from five to ten. The number was fixed at nine after the Civil War, and the Court has consisted of nine justices since 1869.
To protect the independence of the judiciary, justices are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term. These restrictions shield the judiciary from political influence and ensure their impartiality. The judiciary is also bound by professional secrecy and cannot be compelled to testify regarding internal deliberations or confidential information acquired in the course of their duties.
The principle of the independence of the judiciary extends beyond the Supreme Court to all courts and tribunals. It requires that judicial proceedings be conducted fairly and that the rights of the parties involved are respected. It also guarantees the freedom of expression, belief, association, and assembly for members of the judiciary.
Despite these protections, the independence of the judiciary has been criticized and remains a contentious issue. Some argue that the federal judiciary, and especially the Supreme Court, is "the most separated and least checked of all branches of government." The impeachment process, for example, has been used to remove only one justice in history, further illustrating the difficulty of holding justices accountable.
To maintain the integrity of the judiciary, it is essential to prevent interference with the judgment of independent courts. This includes avoiding the influence of political administrations, ensuring the permanent tenure of judicial offices, and promoting judges based on objective factors such as ability, integrity, and experience.
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Judicial review
The number of Supreme Court justices that the Constitution requires has been a contentious issue. Article III, Section I of the United States Constitution establishes the federal judiciary, 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." This provision grants Congress the authority to determine the organization of the Supreme Court, which it first exercised through the Judiciary Act of 1789. This act established a Supreme Court with six justices, including a chief justice and five associate justices.
It's important to note that the Constitution itself does not specify the exact number of justices on the Supreme Court. Instead, it empowers Congress to make those decisions. Over the years, the number of seats on the Court has varied from as few as five to as many as ten, depending on various Acts of Congress.
The current composition of the Supreme Court, which has been in place since 1869, consists of nine justices. This includes one Chief Justice of the United States and eight associate justices. When a vacancy arises, the President of the United States, with the advice and consent of the Senate, appoints a new justice. This process involves a hearing before the Senate Judiciary Committee, where the nominee provides testimony and responds to questions.
One of the most critical powers of the Supreme Court is its ability to conduct judicial review, which is the power to declare a Legislative or Executive act in violation of the Constitution. This power was established in the landmark case of Marbury v. Madison in 1803. In this case, Chief Justice John Marshall asserted that interpreting the law was the duty of the judiciary and that all branches of government must adhere to the Constitution.
The judicial review process serves several essential purposes. Firstly, it ensures that each branch of government recognizes the limits of its power. Secondly, it protects civil rights and liberties by striking down laws that violate the Constitution. Lastly, it sets limits on democratic government, safeguarding minority rights from potential infringement by the majority. The impact of the Supreme Court's decisions extends beyond legal professionals, influencing society as a whole.
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The Supreme Court's original and appellate jurisdiction
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." While the Constitution establishes the Supreme Court, it gives Congress the power to decide how to organise it.
Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices. The Act also established the lower federal court system and divided the country into judicial districts. The Supreme Court, as the highest court in the land, is the court of last resort for those seeking justice.
The Supreme Court's original jurisdiction refers to its ability to hear a case directly without it first going through lower courts. Original jurisdiction only applies to specific cases, such as those involving disputes between different states, suits between two or more states, and cases involving ambassadors, other public ministers, and consuls. Cases involving diplomats from foreign countries also fall under original jurisdiction.
The Supreme Court's appellate jurisdiction refers to its authority to review decisions made by lower courts. Most cases come to the Supreme Court on appeal, meaning the case has already been heard in a lower court. The Court primarily exercises this power through writs of certiorari, where it chooses to review cases that have significant legal or constitutional questions. The Supreme Court's appellate jurisdiction helps ensure a unified interpretation of constitutional and federal legal principles across the United States.
The Supreme Court's power of judicial review is another important aspect of its jurisdiction. This power allows the Court to declare a Legislative or Executive act in violation of the Constitution. The Court established this power in the landmark case of Marbury v. Madison in 1803, where it had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Court's power of judicial review ensures that each branch of government recognises the limits of its own power and protects civil rights and liberties by striking down laws that violate the Constitution.
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Frequently asked questions
There are nine justices in the Supreme Court: one chief justice and eight associate justices.
When a vacancy occurs on the Supreme Court, the President of the United States is given the authority to nominate a person to fill the vacancy. The nomination is then referred to the United States Senate, where the Senate Judiciary Committee holds a hearing.
Justices are appointed by the President and confirmed by the Senate. They typically hold office for life and their salaries cannot be decreased during their term. These restrictions protect the judiciary's independence from political branches of government.
