Simone Lawson
The Supreme Court of the United States (SCOTUS) is the highest court in the land, with the power of judicial review and the final say on interpreting the Constitution. The number of justices that make up the Supreme Court is not explicitly stated in the Constitution, but Article III, Section I, 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. The Judiciary Act of 1789 created a Supreme Court with six justices, but the size has fluctuated over time, ranging from five to ten justices, before settling at nine members in 1869. Today, the Supreme Court consists of one Chief Justice and eight Associate Justices, who are appointed by the President and confirmed by the Senate.
| 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 |
| Jurisdiction | Original and appellate jurisdiction |
| Powers | Judicial review, ensuring government branches recognise their power limits, protecting civil rights and liberties, setting limits on democratic government |
| Vacancy | Filled by the President, with the advice and consent of the Senate |
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What You'll Learn
The number of Supreme Court justices has changed over time
The number of Supreme Court justices has indeed changed over time. The Judiciary Act of 1789 created the U.S. Supreme Court, which initially consisted of six members: a Chief Justice and five Associate Justices.
The size of the Court has fluctuated over the years, with various Acts of Congress altering the number of seats. The number of justices has ranged from a low of five to a high of ten. During the Marshall Court (1801-1835), the Court's power and prestige grew substantially. In 1803, the Court asserted itself the power of judicial review, the ability to invalidate a statute for violating the Constitution, through the landmark case of Marbury v. Madison.
Shortly after the Civil War, the number of seats was fixed at nine, which remains the current size of the Court. The Judiciary Act of 1869 established the Court's composition as consisting of nine justices: the Chief Justice of the United States and eight Associate Justices.
Justices are appointed by the President and confirmed by the Senate. They typically hold office for life and can only be removed through impeachment and conviction or by resigning. The process of appointing justices involves a pre-hearing investigative stage, followed by public hearings where the nominee testifies. The full Senate then votes on whether to confirm or reject the nominee.
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The process of appointing a Supreme Court justice
The number of Supreme Court justices is not set by the US Constitution. Article Three of the Constitution, which establishes the federal judiciary, vests judicial power in "one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish". The composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789, which created a Supreme Court with six justices.
Nomination by the President
The President nominates a candidate to the Supreme Court. The President "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint…Judges of the Supreme Court".
Consideration by the Senate Judiciary Committee
The nomination is sent to the Senate Judiciary Committee for consideration. The Committee collects records about the nominee from the FBI and other sources to prepare for the hearing. This process usually takes about a month.
Hearing by the Senate Judiciary Committee
The Senate Judiciary Committee then holds a hearing on the nominee. During the hearing, witnesses, both supporting and opposing, present their views, and Senators question the nominee on their qualifications, judgments, and philosophy.
Confirmation by the Senate
Following the hearing, the Senate votes to confirm the nominee. This requires a simple majority of the Senate.
Justices are appointed for life, and with nine seats on the Court, each appointment can have a significant impact on the future direction of the Court. The process of appointing a Supreme Court justice is highly important and can be the subject of significant political debate and controversy.
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The role of the Supreme Court in the US constitution
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It plays a crucial role in the US Constitution and has ultimate appellate jurisdiction over all US federal court cases. It also holds jurisdiction over state court cases that involve questions of US constitutional or federal law.
Article III of the Constitution establishes the federal judiciary, with Article III, Section I stating: "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 vests the Supreme Court with federal judicial power but does not specify its exact powers or how the judicial branch should be structured. The Constitution permits Congress to decide on the organisation of the Supreme Court.
Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices, including a chief justice and five associate justices. This act also established the lower federal court system and divided the country into judicial districts. The number of seats on the Supreme Court has varied over time, ranging from five to ten justices, but since the Civil War, it has been fixed at nine justices, including one Chief Justice and eight Associate Justices.
One of the most significant powers of the Supreme Court is judicial review, which is the ability to declare a legislative or executive act as violating the Constitution. This power is not explicitly mentioned in the text of the Constitution but was established by the Court in the landmark case of Marbury v. Madison in 1803. The Court has also played a crucial role in shaping the balance of power between the federal government and the states, with notable cases such as Martin v. Hunter's Lessee, McCulloch v. Maryland, and Gibbons v. Ogden.
The Supreme Court also protects civil rights and liberties by striking down laws that are deemed unconstitutional. It ensures that the majority cannot pass laws that harm or take advantage of minorities, thus safeguarding fundamental values such as freedom of speech, freedom of religion, and due process of law. The Court's decisions have a significant impact on society and play an essential role in maintaining the constitutional system of government.
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The Supreme Court's power of judicial review
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law.
Article III, Section I of the U.S. 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 article vests the Supreme Court with the power of judicial review, allowing it 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, where the Court asserted its authority as the supreme expositor of the Constitution.
The Supreme Court plays a crucial role in ensuring that each branch of the government recognizes the limits of its power. It protects civil rights and liberties by striking down laws that violate the Constitution and sets limits on democratic government to prevent majorities from passing laws that harm or take advantage of minorities. The Court's decisions have a significant impact on society, shaping the fundamental values of freedom of speech, religion, and due process of law.
The number of justices on the Supreme Court has varied over time. The Judiciary Act of 1789, passed by 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. The justices are appointed by the President and confirmed by the Senate, typically serving for life. Their independence is protected by fixed salaries and lifetime tenure, allowing them to act without political influence.
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Landmark Supreme Court cases
While the number of Supreme Court justices is not explicitly mentioned in the US Constitution, several landmark Supreme Court cases have shaped history and continue to impact citizens' lives. Here are some notable examples:
Marbury v. Madison (1803)
This case established the principle of judicial review, with the Supreme Court declaring Section 13 of the Judiciary Act of 1789 unconstitutional as it attempted to expand the Court's original jurisdiction beyond what was outlined in the Constitution. This marked the first instance of the Supreme Court nullifying a federal law and assuming a monitoring role over government actions.
Dred Scott v. Sandford (1857)
In this pre-Civil War case, the Supreme Court ruled that people of African descent, whether enslaved or previously freed, along with their descendants, could not be considered United States citizens. Consequently, they had no right to sue in federal court. This decision, later voided by the Thirteenth and Fourteenth Amendments, significantly contributed to the tensions leading up to the Civil War.
Plessy v. Ferguson (1896)
The Supreme Court sanctioned segregation by upholding the doctrine of "separate but equal." However, in 1954, the Court reversed this decision, declaring that "separate schools are inherently unequal."
Gideon v. Wainwright
The Supreme Court unanimously ruled that the Sixth Amendment guarantee of counsel is a fundamental right, and the Fourteenth Amendment extends this right to defendants in state courts, including those charged with felonies. This decision led to the expansion of public defender systems across the country.
Mapp v. Ohio (1961)
The Court held that illegally obtained evidence cannot be used in a criminal trial, applying the exclusionary rule to state crimes and safeguarding citizens' Fourth Amendment rights against unreasonable searches and seizures.
Tinker (1969)
The Supreme Court affirmed that students do not "shed their constitutional rights at the schoolhouse gate," protecting their First Amendment right to freedom of speech unless it disrupts the educational process.
Roe v. Wade and Planned Parenthood v. Casey
These cases established the constitutional right to abortion, guaranteeing a woman's right to privacy and reproductive freedom. However, these landmark decisions were recently overturned in Dobbs v. Jackson Women's Health Organization, with the Court holding that abortion is not a guaranteed right under the Constitution.
Trump v. United States (2024)
Amidst Trump's post-presidency legal battles, the Supreme Court's ruling in this case reshaped the landscape of presidential power.
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Frequently asked questions
No, the number of Supreme Court justices is not mentioned in the US Constitution. However, Article III, Section I of the 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."
There are nine Supreme Court justices, including one Chief Justice and eight Associate Justices.
No, the number of justices has fluctuated over time. When the Supreme Court was created in 1789, it consisted of six members: a Chief Justice and five Associate Justices. The number of justices has varied from a low of five to a high of ten, before being fixed at nine shortly after the Civil War in 1869.
The President of the United States nominates a candidate to fill a vacancy on the Supreme Court, with the advice and consent of the Senate. The Senate Judiciary Committee holds hearings and considers the nomination before reporting it to the full Senate for a confirmation vote.
Supreme Court justices typically serve for life, or until they retire, resign, or are impeached and removed from office. Justices enjoy salary protections during their term, and their independence is protected by lifetime tenure.
