Jonah Patel
The U.S. Constitution does not specify the number of members on the Supreme Court. Instead, it grants Congress the power to decide, and this number has changed over time, ranging from five to ten. The Supreme Court's size was first set at six members in 1789, and it has since been altered by various Acts of Congress. Today, the Supreme Court consists of nine members: one Chief Justice and eight Associate Justices. The Court's power and prestige have grown substantially, and it plays a crucial role in the constitutional system of government, serving as the highest court in the land and ensuring that each branch of government recognizes its limits.
| Characteristics | Values |
|---|---|
| Number of members | 9 (1 chief justice and 8 associate justices) |
| Power to define the Supreme Court's size and membership | Congress |
| Lowest number of members | 5 |
| Highest number of members | 10 |
| Number of members in 1789 | 6 |
| Number of members in 1801 | 5 |
| Number of members in 1869 | 9 |
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What You'll Learn
The US Constitution does not specify the size of the Supreme Court
Congress first exercised this power in the Judiciary Act of 1789, establishing a six-member Supreme Court, composed of a chief justice and five associate justices. 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. 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.
The number of justices on the Supreme Court has been politically manipulated over the years. For example, Congress passed legislation in 1866 to decrease the number of judges from 10 to 7 so that President Andrew Johnson would not be able to appoint a new justice. However, this decision was short-lived, and the court shrank only to eight justices before the 1869 decision to set the number to nine, where it has remained since.
The Supreme Court has original jurisdiction (a case is tried before the Court) over certain cases, e.g., suits between two or more states and/or cases involving ambassadors and other public ministers. It also has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law. The Court's best-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution.
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Congress has the power to determine the number of justices
The U.S. Constitution does not specify the size of the Supreme Court or the positions of its members. Instead, it assumes the existence of the office of the chief justice, as Article I, Section 3, Clause 6 mentions that "the Chief Justice" must preside over impeachment trials of the President of the United States.
The Constitution grants Congress the power to determine the number of justices on the Supreme Court. This power was first exercised in the Judiciary Act of 1789, which established a Supreme Court with six justices, including a chief justice and five associate justices.
Over the years, Congress has passed various acts that have altered the number of seats on the Supreme Court, ranging from a low of five to a high of ten. For example, the Midnight Judges Act of 1801 would have reduced the size of the court to five members upon the next vacancy, but this was promptly negated by the Judiciary Act of 1802.
Congress has also been involved in attempts to alter the power structure of the Supreme Court. In 1866, Congress passed legislation decreasing the number of judges from ten to seven to limit the power of President Andrew Johnson, whom they believed had abused his presidential power. More recently, President Franklin D. Roosevelt proposed a reorganization bill that would allow him to appoint a new justice for each one who was at least 70 years old, which was seen as a court-packing scheme by Congress.
Today, the number of justices on the U.S. Supreme Court is set at nine, including one chief justice and eight associate justices. This number has been in place since 1869, shortly after the Civil War.
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The number of justices has ranged from five to ten
The US Constitution does not specify the size of the Supreme Court. Instead, it grants Congress the power to determine the number of justices. Over the years, the number of justices has ranged from five to ten.
The Judiciary Act of 1789 created a Supreme Court with six justices, 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 negated this.
Congress has always allowed less than the court's full membership to make decisions, starting with a quorum of four justices in 1789. The court's power and prestige grew substantially during the Marshall Court (1801–1835). Under Marshall, the court established the power of judicial review over acts of Congress, including specifying itself as the supreme expositor of the Constitution.
The number of justices on the Supreme Court has been politically manipulated over the years. For example, Congress passed legislation in 1866 to decrease the number of judges from ten to seven to limit President Andrew Johnson's power. However, this decision was short-lived, and the number of justices was set at nine in 1869.
Today, there is one Chief Justice and eight Associate Justices of the United States Supreme Court.
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The current number of justices is nine
The number of justices on the Supreme Court of the United States is nine. This number includes one Chief Justice and eight Associate Justices. The U.S. Constitution does not specify the size of the Supreme Court or the specific positions of its members. However, it does assume the existence of the office of the Chief Justice, as Article I, Section 3, Clause 6 mentions 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 delegated to Congress, which initially established a six-member Supreme Court through the Judiciary Act of 1789. This Act created a court composed of a chief justice and five associate justices. Over the years, Congress has passed various Acts that have altered the number of seats on the Supreme Court, ranging from a low of five to a high of ten.
The size of the court was first altered by the Midnight Judges Act of 1801, which would have reduced the number of justices to five upon the next vacancy. However, this was promptly negated by the Judiciary Act of 1802. Following the Civil War, the number of seats on the Court was fixed at nine, and it has remained at this number since 1869.
The number of justices on the Supreme Court has been the subject of political manipulation over the years. For example, in 1866, Congress passed legislation decreasing the number of judges from ten to seven to limit the power of President Andrew Johnson, whom they believed had abused his presidential power. While the Supreme Court temporarily shrunk to eight justices, the number was ultimately set at nine in 1869. More recently, President Franklin D. Roosevelt proposed a reorganization bill that would have allowed him to appoint additional justices for each one who was at least 70 years old. This proposal was not accepted by Congress, as it was seen as a power grab that would have given Roosevelt too much influence over the court.
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Congress first established a six-member Supreme Court
The US Constitution does not specify the size of the Supreme Court or the specific positions of its members. However, it mentions "the Chief Justice" in Article I, Section 3, Clause 6, indicating that the office of the chief justice exists. The Constitution grants Congress the power to determine the number of justices on the Supreme Court.
Over the years, the number of seats on the Supreme Court has varied between five and ten justices. Congress has altered the number of seats on the Supreme Court several times, with the Midnight Judges Act of 1801 being the first act to change the court's size. The act would have reduced the number of justices to five upon the next vacancy, but the Judiciary Act of 1802 promptly negated this change.
Today, the US Supreme Court consists of nine members: one chief justice and eight associate justices. This number has been in place since 1869, shortly after the Civil War.
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Frequently asked questions
The US Constitution does not specify the number of members of the Supreme Court. The number of seats has ranged from five to ten, but since 1869, there have been nine justices in the Supreme Court.
Article III, Section I of the US 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."
The US Constitution grants Congress the power to determine the number of justices in the Supreme Court. Congress first established a six-member Supreme Court in 1789.
The Supreme Court initially had six members, including one chief justice and five associate justices.
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