Isabella Carter
The Supreme Court is the highest court in the United States, with the power of judicial review, and plays a crucial role in the constitutional system of government. While the Constitution establishes the Supreme Court, it does not fix the number of justices, and Congress can change the number of seats by passing an act. The number of justices has changed seven times in history, ranging from five to ten. In 2023, Senator Markey and Representative Johnson proposed legislation to expand the Supreme Court to thirteen justices, arguing that it would improve efficiency and effectiveness in administering justice and upholding the rule of law. However, Senator Marco Rubio plans to propose a constitutional amendment to permanently limit the number of justices to nine, citing concerns about destabilizing essential institutions. The debate over expanding the Supreme Court has sparked discussions about court reform and the role of the judiciary in ensuring a fair and ethical justice system.
| Characteristics | Values |
|---|---|
| Number of Supreme Court Justices | The number of Supreme Court Justices is not fixed and has changed seven times over the course of US history, from a low of five to a high of 10. Today, there is one Chief Justice and eight Associate Justices. |
| Constitutional Amendment | A constitutional amendment is required to place term limits on Supreme Court Justices. However, Congress can change the number of Justices by passing an act that is then signed by the President. |
| Jurisdiction | The Supreme Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction on almost any other case involving constitutional or federal law. |
| Powers | The Supreme Court has the power of judicial review, ensuring that each branch of government recognizes its limits and protecting civil rights and liberties by striking down laws that violate the Constitution. |
| Role | The Supreme Court is the highest court in the land and serves as the court of last resort for those seeking justice. It plays a crucial role in maintaining a constitutional system of government. |
| Independence | The salaries of the justices cannot be decreased during their term of office to protect the independence of the judiciary from political branches of government. |
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What You'll Learn
Congress can change the number of justices
The number of seats on the Supreme Court is not set in stone. While the Constitution establishes the Supreme Court, it allows Congress to decide how to organize it. 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."
Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices. Since then, the number of seats has varied from five to ten, before being fixed at nine after the Civil War.
In 2023, Senator Ed Markey and Representative Bush, along with other members of Congress, introduced the Judiciary Act to expand the number of justices on the Supreme Court. They argued that expanding the court was necessary to restore its legitimacy, ensure efficient and effective administration of justice, and uphold the rule of law.
The idea of "court-packing" is not new. In 1937, President Roosevelt also attempted to add more justices to the Supreme Court, but his plan faced opposition and ultimately became moot.
While some scholars and politicians, like Senator Marco Rubio, have proposed a constitutional amendment to permanently limit the number of justices, it is important to note that the current flexibility allows Congress to adapt the court to the needs of the nation.
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Court expansion to restore fairness
The Supreme Court is the highest court in the United States, and it plays a crucial role in the country's constitutional system of government. It is responsible for ensuring that each branch of the government recognises the limits of its power and protects civil rights and liberties by striking down laws that violate the Constitution. The Court has the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution.
While the Constitution establishes the Supreme Court, it does not fix the number of justices and permits Congress to decide how to organise it. Over the years, the number of seats on the Supreme Court has changed several times, ranging from five to ten justices. The Judiciary Act of 1789 created a Supreme Court with six justices, and since then, various Acts of Congress have altered the number. The number was briefly set at nine shortly after the Civil War, and this number has been maintained since then. However, there have been instances, such as in 1937, when President Roosevelt attempted to add more justices to the Court, but this effort proved unpopular.
Some argue that expanding the Court is necessary to restore fairness, integrity, and independence. They believe that the Court has become dangerous, corrupt, and in need of reform, citing issues such as the gutting of the Voting Rights Act, gerrymandering, and the overturning of Roe v. Wade. By adding seats and appointing fair-minded jurists committed to equal justice, supporters of expansion aim to address the injustice of stolen seats and broken trust. This proposal has gained support from leaders in Congress and advocacy organisations.
Opponents of Court expansion, on the other hand, argue that it could lead to further destabilisation of essential institutions and propose amendments to permanently limit the number of justices. Senator Marco Rubio, for example, aims to introduce a constitutional amendment to keep the number of seats at nine to prevent the delegitimisation of the Supreme Court. Such an amendment would require approval from two-thirds of the House and Senate, followed by ratification from three-quarters of the states, presenting a challenging path to implementation.
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Court-packing is unpopular
Court-packing, or the act of increasing the number of seats on a court to change its ideological makeup, is unpopular for several reasons. Firstly, it is seen as a partisan political tactic that undermines the independence and integrity of the judiciary. The Supreme Court is meant to be insulated from political machinations, and court-packing could allow each president to add justices for rank political reasons, threatening the rule of law and judicial independence.
Secondly, court-packing is considered a radical move that could unleash chaos on the American constitutional system. It is akin to a nuclear weapon, and even in the face of controversial appointments to the Supreme Court, scholars caution against resorting to court-packing. They argue that there are other checks and balances in place to counter partisan abuse of appointment power, such as the Senate's responsibility to ensure the people's will is respected and the constitutional convention of bipartisan confirmation of justices in presidential election years.
Thirdly, court-packing is unpopular because it could lead to a further destabilization of essential institutions. Senator Marco Rubio, who proposed a constitutional amendment to permanently limit the Supreme Court to nine justices, argued that while there is nothing inherently right about the number nine, preventing the destabilization of institutions is important. He faces an uphill battle, as such an amendment would require a high level of approval from both the House, the Senate, and the states.
Finally, court-packing has proven unpopular in the past. For example, when President Roosevelt proposed adding more justices to the Supreme Court in 1937, his plan struggled to gain traction and was opposed by members of his own party, as well as by Chief Justice Charles Evans Hughes and Justice Louis Brandeis. The plan ultimately became moot due to changing voting patterns and vacancies on the Court.
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Constitutional amendment to limit justices
The Constitution establishes the federal judiciary and gives Congress the power to decide how to organize it. 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.
While the Constitution does not specify a fixed number of justices, some scholars and politicians have proposed a constitutional amendment to limit the number of Supreme Court justices permanently to nine. This proposal, known as the "Keep the Nine" amendment, aims to prevent the destabilization of essential institutions and the politicization of the judiciary. Senator Marco Rubio and U.S. Representative Dusty Johnson have advocated for this amendment, arguing that it is necessary to protect the integrity and independence of the Supreme Court.
The process of amending the Constitution is challenging and requires broad support. For a constitutional amendment to be successful, it must be approved by two-thirds of the House and Senate and then ratified by three-quarters of the states. Given the ideological split in Congress, achieving the required supermajority in both chambers is a significant hurdle.
Another proposal to limit the influence of Supreme Court justices is to impose term limits. While some scholars argue that a constitutional amendment is needed for this, others suggest that term limits can be implemented through an act of Congress. The debate around the number and terms of Supreme Court justices highlights the importance of the Court in the constitutional system of government and the desire to protect its independence and integrity.
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Supreme Court's role in constitutional system
The Supreme Court is the highest court in the United States and plays a crucial role in the constitutional system of government. It is the final arbiter for those seeking justice and has the power of judicial review, ensuring that each branch of government recognises its own limitations. This power allows the Supreme Court to declare a Legislative or Executive act in violation of the Constitution.
Article III of the 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." This article establishes the Supreme Court but also permits Congress 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 and established the lower federal court system.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors. It also has appellate jurisdiction, allowing it to hear almost any case on appeal that involves a point of constitutional or federal law. The Certiorari Act of 1925 gives the Court the discretion to decide whether to hear a case. The Supreme Court's role in hearing these cases is essential to the constitutional system, as it ensures that federal laws are applied correctly and that the constitutionality of these laws is upheld.
The Supreme Court also plays a vital role in protecting civil rights and liberties. It ensures that popular majorities cannot pass laws that harm or take advantage of unpopular minorities. By striking down laws that violate the Constitution, the Court maintains the fundamental values common to all Americans, such as freedom of speech, freedom of religion, and due process of law.
While the number of Supreme Court justices is not fixed in the Constitution, any changes to the number of justices would require a constitutional amendment or an Act of Congress signed by the President.
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Frequently asked questions
Yes, it is constitutional to add Supreme Court justices. Article III of the Constitution establishes the federal judiciary and gives Congress the power to decide how to organize the Supreme Court. Over the course of US history, the number of Supreme Court justices has changed seven times, ranging from five to ten.
Adding Supreme Court justices, also known as "court-packing", is often proposed as a way to reform the court and address concerns about corruption, extremism, and a lack of independence. Supporters of expansion argue that it is necessary to restore balance and integrity to the court, ensuring it upholds the rule of law and protects the rights of all citizens.
While Congress has the power to change the number of justices through an act signed by the President, some scholars argue that a constitutional amendment is needed to place term limits on Supreme Court justices.
