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Congress decides how many justices should be on the US Supreme Court. The current number, nine, was set by the Judiciary Act of 1869.
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Do US Supreme Court justices serve six-year terms?
No. Article III of the US Constitution states that judges and justices in the federal Judicial Branch serve "during good behavior," meaning they receive a lifetime appointment that can only be revoked if the justice commits an impeachable offense. A Supreme Court justice may be removed from the bench involuntarily if he or she is impeached by the US House of Representatives and convicted at trial in the Senate.
What is the average tenure for a federal judge?
According to a 2008 report from the Government Accountability Office (GAO), the average tenure of federal court judges below the US Supreme Court is approximately 20-24 years (no fixed average available); the average tenure for US Supreme Court justices was approximately 25.5 years, but has been as high as 26.1 years. In 1970, the average tenure of a Supreme Court justice was around 15 years.
Why is there an odd number of justices on the US Supreme Court?
One possible reason (amongst many presumably) are that any vote taken by the justices can never result in a tie - a decision will always be made one way or the other.In 1869, Congress passed a law that fixed the number of Supreme Court justices at 9. The US Constitution creates "one supreme court" but does not specify how many justices there should be. That is up to Congress to decide. The number of justices is an usually an odd number so that there would be no tie votes. Why there are 9 though is a matter of practicality based on the workload of the Supreme Court. The first Supreme Court had 6 justices, then it changed to 5, then to 7 then to 9 then to 10 then to 7 again and then back to 9.The original U.S. Supreme Court had only six Justices; that number has changed several times over the years.Judiciary Act of 1789: Court size 6Judiciary Act of 1801: Court size, 5Repeal Act of 1802: Court size, 6Seventh Circuit Act of 1807: Court size, 7Judiciary Act of 1837: Court size, 9Tenth Circuit Act of 1863: Court size, 10Judicial Circuit Act of 1866: Court size, 7Habeas Corpus Act of 1867: Court size, 8Judiciary Act of 1869: Court size, 9Most likely, the current court has an odd number of Justices to prevent an evenly split decision. The number may have expanded to nine because the caseload has increased over the years, and not all Justices elect to review petitions for writ of certiorari (requests for a case to be reviewed by the court).The number was temporarily reduced from ten to seven during Andrew Johnson's term of office, because Congress didn't want him to have an opportunity to appoint new justices. The size of the Court was increased to nine rather than ten (most likely to avoid tie votes) when Ulysses S. Grant was elected.Congress always had reasons for changing the size of the Court -- whether to allow a sitting President more or less influence, or to adjust the Court's workload, but their purpose isn't always easy to determine.The last time this was seriously proposed was during the presidency of Franklin Delano Roosevelt. However, Roosevelt's plan (which would have ultimately allowed for up to 15 justices) was so obviously an attempt to pack the court with those whose political ideology agreed with his own that it was a political disaster for him. As it was, 8 of the 9 justices on the Court (including the Chief Justice) were Roosevelt appointees by 1941.
Do the US citizens elect the justices of the Supreme Court?
No.Article 2 Section 2 of the US Constitution provides that Supreme Court Justices are appointed by the President with the Advice and Consent of the Senate:[The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.US Supreme Court Justices are nominated by the current President, presented to the Senate Judiciary Committee for investigation, then accepted or rejected by the US Senate.If a nominee receives a simple majority (51) of the votes, then he or she is commissioned as a Supreme Court Justice. This is a lifetime appointment, and is served until such time as the Justice retires, resigns, dies or is impeached by the House of Representative and tried by the Senate.In some states, like North Carolina, voters elect state supreme court justices to a fixed term of office; in other states, justices are appointed by the state Governor or another legislative body.For more information, see Related Questions, below.
How long do judges get to keep their jobs?
This depends on the office. Justices of the Supreme Court of the United States are appointed for life. Justices of the various state supreme courts serve for varying terms. In some states like California, justices serve for life, but can be voted out of office in a recall election. Some judges are appointed for fixed terms, and some are elected. Any judge can be impeached by the legislature and removed from office in the case of serious crimes or malpractice, but this is extremely rare. You will need to check the laws for the area in which you are interested.
Who decided how many justices were on the first US Supreme Court?
Congress created the law that fixed the number of justices on the Supreme Court in 1869; the number has not changed since then. Under the US Constitution, the number of justices is not mentioned. Congress decides how many justices there shall be and has changed the number from time to time.
Why are there sixteen associate justices on the US Supreme Court?
There are only eight associate justices on the US Supreme Court. The Court comprises a total of nine members: one Chief Justice, and eight Associate Justices. This number has remained fixed since established in the Judiciary Act of 1869.Although Congress has changed the size of the Court at various times throughout history, the greatest number of justices seated was ten.
How many terms may the US Supreme Court serve?
There is no fixed limit on the number of terms a justice can serve on the US Supreme Court. Justices are appointed for life, which means they serve until retirement, death, resignation, or impeachment.
What is the length of time that a supreme court justice can serve?
An appointment to the United States Supreme Court is for life; however, justices can be impeached for bad behavior, just as any other government official can be. In the case of the Supreme Court, this hasn't happened. Justices sometimes retire, but are more likely to die in office than retire. Some states have fixed terms for Supreme Court justices; for example, California.
What is the difference between how federal judges are nominated vs how supreme court justices are nominated?
The process of nominating federal judges and Supreme Court justices is similar, but there are a few key differences. Federal judges are nominated by the President and confirmed by the Senate, while Supreme Court justices go through the same process but with heightened scrutiny and public attention. Additionally, Supreme Court justices serve lifetime appointments, while federal judges may serve either lifetime or fixed terms depending on the specific court.
Do US Supreme Court justices serve six-year terms?
No. Article III of the US Constitution states that judges and justices in the federal Judicial Branch serve "during good behavior," meaning they receive a lifetime appointment that can only be revoked if the justice commits an impeachable offense. A Supreme Court justice may be removed from the bench involuntarily if he or she is impeached by the US House of Representatives and convicted at trial in the Senate.
How many justices serve on the Supreme Court as set forth by Congress in 1869?
AnswerCongress set the number of US Supreme Court justices at nine in the Judiciary Act of 1869.ExplanationArticle III of the US Constitution only states that there is to be a Supreme Court. It does not say how many justices are supposed to serve at one time. Congress determines the number of Justices needed to handle the caseload of the Supreme Court. When the Court was first established by the Judiciary Act of 1789, it originally seated just six Justices: one Chief Justice, and five Associate Justices. The number expanded to seven in 1807, nine in 1837, and ten in 1863.Chief Justice Salmon P. Chase requested the number be reduced to seven by attrition, meaning three of the ten Justices would not be replaced when they left the court. Congress granted this request in the Judicial Circuits Act of 1866, and the Court size subsequently declined by two members. Many historians suggest the real reason for the reduction in the number of justices was Congress' effort to thwart President Andrew Johnson and prevent him from nominating anyone to the Supreme Court during his administration. This claim tends to be supported by the timing and frequency of new Judiciary Acts. It should also be noted that the number of justices on the Court never declined below 8, following the Judiciary Act of 1866.The Judiciary Act of 1869 (not to be confused with earlier Acts of the same name) fixed the number of seats at nine, where it has remained since.Judiciary Act of 1789: Court size 6Judiciary Act of 1801: Court size, 5Repeal Act of 1802: Court size, 6Seventh Circuit Act of 1807: Court size, 7Judiciary Act of 1837: Court size, 9Tenth Circuit Act of 1863: Court size, 10Judicial Circuit Act of 1866: Court size, 7Habeas Corpus Act of 1867: Court size, 8Judiciary Act of 1869: Court size, 9President Franklin D. Roosevelt attempted to expand the Court in 1937, in order to facilitate support for his New Deal Policies. Roosevelt's plan called for adding one additional Justice for each existing Justice who reached the age of 70 years, 6 months, but did not retire from the bench, until the Court reached a maximum capacity of 15 Justices. Congress successfully defeated the Court-packing Plan, but the Justices gradually accepted the New Deal, making alterations to the Court unnecessary. Eight of the nine Justices died during Roosevelt's tenure, allowing him to create a majority that approved of his policies.The current composition of the Supreme Court is one Chief Justice and eight Associate Justices.
Why does Congress have authority to determine the size of the US Supreme Court?
The U.S. Constitution did not set the number of justices, but Article III of the Constitution implies Congress the power to set the number of justices while Article I, section 2 grants the President power to nominate and, with the advice and consent of the Senate, to appoint Supreme Court justices. The Constitution came into force upon ratification by 9 states and the 9th state to ratify it was New Hampshire on June 21, 1788. The first Supreme Court was organized with John Jay as the first Chief Justice of the Supreme Court on September 26, 1789 following the passage of the Judiciary Act of 1789 on September 24, 1789. The Judiciary Act of 1789 set the number at six justices. As the country grew geographically, Congress increased the number of justices to seven members in 1807, nine in 1837 and ten in 1863. In the Judiciary Act of 1869, the number of justices was again set at nine, where it has since remained. President Franklin Roosevelt tried to expand the Court in 1937, seeking to appoint an additional justice for each incumbent justice who reached the age of 70 years 6 months and refused retirement; under Roosevelt's proposal, such appointments would continue until the Court reached a maximum size of 15 justices. Ostensibly, the proposal was made to ease the burdens of the docket on the elderly judges, but the President's actual purpose was to pack the Court with justices who would support New Deal policies and legislation. This plan, usually referred to as "Court Packing", failed in Congress. The Supreme Court has thus had at least 6 justices since it was first established and never more than 10. The current number is fixed at 9 - although it could be temporarily less than that from the time a Justice retires or dies until their successor is appointed.
What Article or Amendment specifies the number of US Supreme Court justices?
The US Constitution does not require any specific number of justices at all. The US Constitution creates the Supreme Court but leaves it to the Congress to determine how many will be on the Court. Since adoption of the Constitution, Congress has passed numerous laws changing the number of justices. The current number of nine has been fixed by statute ever since 1869. Prior to that the Supreme Court began with 6 at the Court's inception, then reduced the number to five, increased it to seven, then to nine, then to ten, then to seven again, and finally to its present day number of nine. Congress may change the number of justices at anytime it wishes to pass the appropriate statute. Presently Title 28 of the United States Code, Section 1, states that the Supreme Court shall consist of a Chief Justice and eight associate justices. The last time a change in court size was seriously proposed was by Roosevelt in 1937 wherein he proposed a bill to pack the court with 6 additional justices of his liking. See "The switch in time that saved nine." A key swing justice, Owen Roberts, thereafter ruled in Roosevelt's favor and the bill was quietly dropped. From this attempt to adjust the courts size came some of the most far reaching decisions that shaped our society. Decisions about Japanese internment, wage, price, commodity controls and the rise of extra-constitutionally authorized federal agencies marked this far reaching but little known (outside legal circles) event.
What is the average tenure for a federal judge?
According to a 2008 report from the Government Accountability Office (GAO), the average tenure of federal court judges below the US Supreme Court is approximately 20-24 years (no fixed average available); the average tenure for US Supreme Court justices was approximately 25.5 years, but has been as high as 26.1 years. In 1970, the average tenure of a Supreme Court justice was around 15 years.
What is the composition of the US Supreme Court?
Congress determines the number of Justices needed to handle the caseload of the Supreme Court. When the Court was first established by the Judiciary Act of 1789, it originally seated just six Justices: one Chief Justice, and five Associate Justices. The number expanded to seven in 1807, nine in 1837, and ten in 1863.Chief Justice Salmon P. Chase requested the number be reduced to seven by attrition, meaning three of the ten Justices would not be replaced when they left the court. Congress granted this request in the Judicial Circuits Act of 1866, and the Court size subsequently declined by two members. This trend was reversed by the Judiciary Act of 1869 (not to be confused with earlier Acts of the same name), which fixed the number of seats at nine, where it has remained.President Franklin D. Roosevelt attempted to expand the Court in 1937, in order to facilitate support for his New Deal Policies. Roosevelt's plan called for adding one additional Justice for each existing Justice who reached the age of 70 years, 6 months, but did not retire from the bench, until the Court reached a maximum capacity of 15 Justices. Congress successfully defeated the Court-packing Plan, but the Justices gradually accepted the New Deal, making alterations to the Court unnecessary. Eight of the nine Justices died during Roosevelt's tenure, allowing him to create a majority that approved of his policies.The current composition of the Supreme Court is one Chief Justice and eight Associate Justices.
Why is there an odd number of justices on the US Supreme Court?
One possible reason (amongst many presumably) are that any vote taken by the justices can never result in a tie - a decision will always be made one way or the other.In 1869, Congress passed a law that fixed the number of Supreme Court justices at 9. The US Constitution creates "one supreme court" but does not specify how many justices there should be. That is up to Congress to decide. The number of justices is an usually an odd number so that there would be no tie votes. Why there are 9 though is a matter of practicality based on the workload of the Supreme Court. The first Supreme Court had 6 justices, then it changed to 5, then to 7 then to 9 then to 10 then to 7 again and then back to 9.The original U.S. Supreme Court had only six Justices; that number has changed several times over the years.Judiciary Act of 1789: Court size 6Judiciary Act of 1801: Court size, 5Repeal Act of 1802: Court size, 6Seventh Circuit Act of 1807: Court size, 7Judiciary Act of 1837: Court size, 9Tenth Circuit Act of 1863: Court size, 10Judicial Circuit Act of 1866: Court size, 7Habeas Corpus Act of 1867: Court size, 8Judiciary Act of 1869: Court size, 9Most likely, the current court has an odd number of Justices to prevent an evenly split decision. The number may have expanded to nine because the caseload has increased over the years, and not all Justices elect to review petitions for writ of certiorari (requests for a case to be reviewed by the court).The number was temporarily reduced from ten to seven during Andrew Johnson's term of office, because Congress didn't want him to have an opportunity to appoint new justices. The size of the Court was increased to nine rather than ten (most likely to avoid tie votes) when Ulysses S. Grant was elected.Congress always had reasons for changing the size of the Court -- whether to allow a sitting President more or less influence, or to adjust the Court's workload, but their purpose isn't always easy to determine.The last time this was seriously proposed was during the presidency of Franklin Delano Roosevelt. However, Roosevelt's plan (which would have ultimately allowed for up to 15 justices) was so obviously an attempt to pack the court with those whose political ideology agreed with his own that it was a political disaster for him. As it was, 8 of the 9 justices on the Court (including the Chief Justice) were Roosevelt appointees by 1941.
