Omar Bennett
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 state court cases that involve questions of U.S. constitutional or federal law. The size of the Supreme Court is not specified in the U.S. Constitution, and its membership has changed over time. The Judiciary Act of 1789 established a six-member Supreme Court, but the size has fluctuated between five and ten members. The size was last changed in 1869 when it was set at nine, which remains the current size.
| Characteristics | Values |
|---|---|
| Number of justices | 9 |
| Chief Justice | 1 |
| Associate Justices | 8 |
| Constitutional mention of size | No |
| Power to define size | Congress |
| First Supreme Court size | 6 |
| Lowest number of justices | 5 |
| Highest number of justices | 10 |
| First alteration to size | Midnight Judges Act of 1801 |
| Last alteration to size | 1869 |
| Current size fixed | 1869 |
| Current size since | 1869 |
| Judiciary Act of 2021 proposal | Expand to 13 seats |
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What You'll Learn
The US Constitution does not specify the size of the Supreme Court
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 ten. In 1866, Congress reduced the size of the Court to nine, and since then, the US Supreme Court’s size has not changed. The Supreme Court, in its modern form, holds a place of deference and respect in the minds of many Americans. It is the highest court in the federal judiciary of the United States and has ultimate appellate jurisdiction over all U.S. federal court cases.
The Supreme Court also has original jurisdiction over a narrow range of cases, such as suits between two or more states and/or cases involving ambassadors and other public ministers. The Court's power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution, is not explicitly mentioned in the text of the Constitution itself. However, the Court established this power in the landmark case of Marbury v. Madison in 1803.
While the Constitution does not specify the size of the Supreme Court, it assumes the existence of the office of the chief justice. Article I, Section 3, Clause 6 mentions that "the Chief Justice" must preside over impeachment trials of the President of the United States.
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Congress has the power to change the Court's size
The U.S. Constitution does not specify the size of the Supreme Court. Instead, the power to define the Supreme Court's size and membership has been assumed to belong to Congress. The first Congress established a six-member Supreme Court, composed of a chief justice and five associate justices, through the Judiciary Act of 1789.
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 ten. 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. However, the Judiciary Act of 1802 promptly negated the 1801 Act, restoring the court's size to six members.
In 1807, President Andrew Jackson signed legislation to expand the size of the Supreme Court by adding two associate justice positions, increasing it to a Chief Justice and eight associate justices. The size of the court was last changed in 1869, when it was set at nine, its current size.
In April 2021, during the 117th Congress, some Democrats in the House of Representatives introduced the Judiciary Act of 2021, a bill to expand the Supreme Court from nine to 13 seats. This proposal was defeated in the Senate, with the Senate Judiciary Committee reporting that it was "essential to the continuance of our constitutional democracy" that the proposal be emphatically rejected.
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The Court's size was last changed in 1869
The U.S. Constitution establishes the Supreme Court in Article III, Section I, which 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." While the Constitution establishes the Supreme Court, it does not specify the size of the Court or the positions of its members. Instead, it permits Congress to decide how to organize the Court.
Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices: one 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 ten.
In 1863, the size of the Court was increased to the Chief Justice and nine associate justices. Then, in 1869, the Court was fixed by law at its current size of nine members. This change occurred shortly after the Civil War, and the number of seats has remained the same for the last 153 years.
The power to define the Supreme Court's size and membership rests with Congress, which has altered the Court's size seven times in the 80 years after the Constitution was enacted. The Court's size was last changed in 1869, and there has been one significant attempt to change it since then, in the 1930s.
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The Court has nine members: one Chief Justice and eight Associate Justices
The United States Supreme Court, one of the smallest in the world, currently has nine members: one Chief Justice and eight Associate Justices. The US Constitution does not specify the size of the Supreme Court or the specific positions of its members. Instead, the power to define the Supreme Court's size and membership has been assumed to belong to Congress.
The size of the Supreme Court has changed over time. The Judiciary Act of 1789, passed by Congress, established a six-member Supreme Court composed of a chief justice and five associate justices. 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. However, the Judiciary Act of 1802 was quickly passed, restoring the court's size to six members.
In 1837, President Andrew Jackson signed legislation to expand the size of the Supreme Court by adding two associate justice positions, bringing the total number of members to a Chief Justice and eight associate justices. The size of the court continued to fluctuate, reaching ten justices in 1866. Congress then reduced the size of the court to nine in 1869, and the US Supreme Court’s size has not changed since.
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The Court's size has fluctuated from five to ten justices
The size of the Supreme Court of the United States (SCOTUS) has not been specified in the Constitution. The power to define the Supreme Court's size and membership has been assumed to belong to Congress. The first Congress established a six-member Supreme Court composed of a chief justice and five associate justices through the Judiciary Act of 1789.
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. However, the Judiciary Act of 1802 promptly negated the 1801 act, restoring the court's size to six members. In 1837, President Andrew Jackson signed legislation to expand the size of the Supreme Court by adding two associate justice positions, increasing it to a Chief Justice and eight associate justices. The size of the Court reached ten justices in 1866, and Congress reduced it to nine in the same year. The Court's size was last changed in 1869, when it was set at nine, which remains the current size.
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 ten. There is no constitutional barrier to changing the Court's membership, and Congress may seek to change its composition and, thus, its rulings by increasing or decreasing the number of justices.
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Frequently asked questions
No, the US Constitution does not specify the size of the Supreme Court.
The current size of the US Supreme Court is nine members: one Chief Justice and eight Associate Justices.
Yes, the size of the Supreme Court has changed several times throughout history, ranging from five to ten justices. The size was last changed in 1869 when it was set at nine.
