Can the number of US Supreme Court justices be changed by the President?

Answer 1

Yes. Congress has the constitutional authority to make structural changes to the US Supreme Court, which includes changing the number of justices on the Court. Because Article III of the Constitution provides that Supreme Court justices receive lifetime commissions, Congress cannot actually remove a justice simply to reduce the size of the Court (unless the justice has committed an impeachable offense), but may leave vacancies caused by resignation, retirement or death unfilled.

Congress has changed the size of the Supreme Court several times during the history of the United States, sometimes adjusting the number of seats to accommodate changes in caseload, other times to create political obstacles for a disfavored President.

For more information, see Related Questions, below.

Answer 2

No, the US Supreme Court can only interpret the Constitution, or decide how the framers intended for the Articles and Amendments to be applied. While this is often referred to as an "informal amendment process," it is important to recognize only the application of the Constitution changes through interpretation; the document itself does not. Most constitutional interpretation changes over time, so the process is dynamic, not fixed.

In order to prevent frivolous and ill-conceived changes to the Constitution, the Founding Fathers made the formal process of amending the document difficult.

In simple terms: an Amendment can be added to the Constitution through a super-majority (two-thirds) vote in both the House of Representatives and the Senate followed by ratification by three-fourths of the state legislatures. To repeal an existing Amendment to the Constitution requires the addition of a new Amendment -- as was done with the 18th Amendment (prohibition), which was repealed by the 21st Amendment.

It is not within the power of the Supreme Court to change the Constitution. The founders were very wary of investing too much power in the hands of any single person or branch of government. Essentially, the Constitution rules over the Supreme Court, the President, and the Congress -- they are all bound by IT, not the other way around. If the Supreme Court could change the Constitution, too much power would be invested in the judiciary.

For more information, see Related Questions, below.

Answer 3

The Judiciary Act of 1789 provided for a 6-member Court, with a Chief Justice and 5 Associate Justices. Congress adjusted the size of the Court a number of times through the during the 19th-century.

1. Judiciary Act of 1789: Court size 6
2. Judiciary Act of 1801: Court size, 5
3. Repeal Act of 1802: Court size, 6
4. Judiciary Act of 1807: Court size, 7
5. Judiciary Act of 1837: Court size, 9
6. Judiciary Act of 1863: Court size, 10
7. Judiciary Act of 1866: Court size, 7
8. Judiciary Act of 1867: Court size, 8
9. Judiciary Act of 1869: Court size, 9

After the election of President Ulysses S. Grant, Congress passed the Judiciary Act of 1869, which set the Court's membership at nine. This number has remained the same ever since.

Answer 4

No. The Constitution assigns authority over structural decisions for the federal judiciary to Congress. The President may make suggestions or requests of Congress, but cannot usurp their power without violating the "separation of powers" doctrine.

Answer 5

Yes. Congress has the constitutional authority to make structural changes to the US Supreme Court, which includes changing the number of justices on the Court. Because Article III of the Constitution provides that Supreme Court justices receive lifetime commissions, Congress cannot actually remove a justice simply to reduce the size of the Court (unless the justice has committed an impeachable offense), but may leave vacancies caused by resignation, retirement or death unfilled.

Congress has changed the size of the Supreme Court several times during the history of the United States, sometimes adjusting the number of seats to accommodate changes in caseload, other times to create political obstacles for a disfavored President.

For more information, see Related Questions, below.

Answer 6

Yes, the Constitution assigns Congress authority determine the size and structure of the US Supreme Court and lower courts in the federal judiciary.

For more information, see Related Questions, below.

Answer 7

The President has no authority to change the number of justices on the US Supreme Court. Under the US Constitution, Congress is vested with the power to make structural decisions for the federal judiciary. The President may make suggestions or requests of Congress, but he (or she) cannot usurp their power without violating the "separation of powers" doctrine.

Answer 8

No. Only Congress has the authority to change the number of justices on the US Supreme Court.

For more information, see Related Questions, below.

Answer 9

To my surprise, NO. Sorry, for myself to think SC could.