Malcolm Rivera
The concept of packing the court refers to the act of changing the number of Justices on the Supreme Court to influence its decisions. While the number of Justices has changed over time, some believe that doing so now would be an attack on the Court's independence and integrity. In 2021, Senator Ted Cruz introduced a constitutional amendment to prevent court-packing, arguing that it would protect the Court's role as a neutral interpreter of the Constitution. This amendment, known as the Keep Nine amendment, aims to maintain the current number of nine Justices and prevent any future attempts to manipulate the size of the Court for political gain. However, others argue that an amendment is not necessary to place term limits on Supreme Court Justices, as it can be achieved through an act of Congress. The debate surrounding court-packing highlights the importance of preserving the independence and integrity of the Supreme Court in the United States.
| Characteristics | Values |
|---|---|
| Number of justices | Nine |
| Amendment ratification | Three-quarters of the states |
| Amendment proposal | Congress |
| Court packing impact | Destabilization of essential institutions |
| Court packing prevention | Keep Nine Amendment |
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What You'll Learn
The number of Supreme Court justices is not fixed
The number of justices has changed over time. The Judiciary Act of 1789 established the first Supreme Court, with six justices. Since 1869, there have been nine justices on the Supreme Court. However, there is no constitutional requirement for nine justices, and Congress can change the number of justices by passing an act that is then signed by the President.
Some people, including Senator Ted Cruz, have proposed a constitutional amendment to prevent court-packing and keep the number of justices at nine. They argue that court-packing would undermine the independence and integrity of the Supreme Court and that a constitutional amendment is necessary to protect the Court's role as a neutral interpreter of the Constitution.
On the other hand, some Democrats have considered using congressional powers to change the number of justices on the Court. They argue that the Court needs to be packed to promote their agenda and prevent the Court from being used as a political pawn. However, court-packing is generally unpopular and is seen by some as a threat to the legitimacy of the Supreme Court.
While there is no constitutional requirement for nine justices, any change to the number of justices would likely be highly controversial and face significant opposition.
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Congress can change the number of justices
The number of justices on the Supreme Court is not set by the Constitution and can be changed by Congress. 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."
This means that Congress has the power to establish the court system and can change the number of justices through an act that is then signed by the President. Indeed, the number of justices has changed over time. The Judiciary Act of 1789 established the first Supreme Court, with six justices.
However, some people believe that Congress changing the number of justices would be a misuse of power. Senators such as Ted Cruz have proposed a constitutional amendment to prevent this, keeping the number of justices at nine. Cruz stated:
> "The Democrats’ answer to a Supreme Court that is dedicated to upholding the rule of law and the Constitution is to pack it with liberals who will rule the way they want. The Supreme Court should be independent, not inflated by every new administration."
Other senators, such as Grassley, have also expressed concern that changing the number of justices would "erase the legitimacy of the Supreme Court and destroy historic precedent."
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The integrity and independence of the Supreme Court
The independence and integrity of the Supreme Court are paramount to the functioning of the United States' constitutional democracy. The Supreme Court is designed to be a non-partisan guardian of the rule of law, ensuring that the Constitution is upheld and interpreted neutrally. The Court is meant to be a co-equal branch of government, independent of political pressure, and its legitimacy is derived from this independence.
However, the Supreme Court has faced threats to its independence and integrity, particularly through the practice of "court-packing", which involves changing the number of Justices on the Court for political gain. This practice has been proposed by both Democrats and Republicans at various times, and it is seen as a way to rig decisions and promote a particular political agenda. Court-packing threatens to undermine the Court's legitimacy, increase partisanship, and destroy historical precedent.
To prevent court-packing and protect the integrity and independence of the Court, some senators, led by Sen. Ted Cruz, have introduced a constitutional amendment, known as the "Keep Nine Amendment". This amendment aims to permanently fix the number of Justices at nine, ensuring that any future reform to the Court's size would require overwhelming bipartisan support. The amendment is designed to safeguard the Court's role as a neutral interpreter of the Constitution and protect against political manipulation.
While some scholars believe that a constitutional amendment is necessary to place term limits on Supreme Court Justices, others argue that this can be achieved through an act of Congress. The debate around court-packing and term limits highlights the importance of maintaining the independence and integrity of the Supreme Court to preserve the nation's constitutional order and the separation of powers between the three branches of government.
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Court-packing is unsustainable
Court-packing is a direct assault on the design of the Constitution, which intends for the Supreme Court to remain a non-partisan guardian of the rule of law. The Supreme Court was designed to protect justice and not be used as a political pawn. If court-packing were pursued, respect for the Supreme Court would plummet, and the checks and balances of the constitutional order would be threatened.
The number of justices has been nine for over 150 years, and this amendment will prohibit any future President or Congress from manipulating the size of the Supreme Court for political gain. By passing the 'Keep Nine' amendment, Congress will ensure that any future reform to the number of justices will only occur with overwhelming bipartisan support and will end the threat of 'Court-packing' as a political wedge issue.
Court-packing is also unsustainable because it would quickly become a tit-for-tat game, with each change in power resulting in the addition of more seats. This would lead to an ever-growing Supreme Court that would eventually become unmanageable and unable to get anything done.
Furthermore, court-packing is not a solution to the problem of judicial vetoes, as it was in the case of Roosevelt's New Deal legislation. Roosevelt's attempt to pack the court embittered his legislative leaders and failed to achieve its intended outcome due to the Court's inability to resolve critical contradictions in its own constitutional precedents.
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Court-packing is unpopular
Court-packing has been unpopular in the past, with Franklin D. Roosevelt's 1937 Judicial Procedures Reform Bill serving as a notable example. Roosevelt's bill, aimed at adding more justices to the U.S. Supreme Court, faced significant opposition and was criticised as an attempt to “stack the court". The proposal resulted in a loss of political support for Roosevelt, with many viewing it as an overreach of power.
The idea of court-packing continues to be unpopular among certain politicians and scholars today. Some argue that court-packing undermines the independence and integrity of the judiciary, threatening the separation of powers and increasing partisanship within the institution. There is concern that court-packing would be used to advance political agendas and erode democratic norms. Additionally, court-packing is seen as a short-sighted solution, with potential long-term repercussions for the functioning of the judiciary.
Senators like Ted Cruz have introduced constitutional amendments to prevent court-packing, emphasising the need to maintain the number of Supreme Court justices at nine to preserve the court's independence and integrity. Other senators, such as Marco Rubio, have also proposed amendments to keep the number of seats fixed, arguing that preventing the destabilisation of essential institutions is crucial.
While there is no fixed number of Supreme Court justices specified in the Constitution, and Congress does have the power to change the number, the potential consequences of court-packing are a significant concern. The opposition to court-packing highlights the desire to maintain a non-partisan judiciary that upholds the rule of law and safeguards the constitutional order.
However, it is important to note that views on court-packing are not unanimous, and some politicians and scholars may hold different opinions on the matter.
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Frequently asked questions
Court packing refers to the act of changing the number of Justices in the Supreme Court.
While the Constitution does not fix the number of Justices, any act of court packing would require an amendment to be passed by Congress and ratified by three-quarters of the states.
Court packing is often proposed as a way to gain political leverage and influence the outcome of cases.
No, the number of Justices has changed over time. The Judiciary Act of 1789 established the first Supreme Court, with six Justices.
Court packing is a controversial issue. Some believe it undermines the independence and integrity of the Supreme Court, while others argue that it is necessary to promote their political agenda.
