What Article or Amendment specifies the number of US Supreme Court justices?

Answer 1

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.

Answer 2

The US Constitution doesn't specify a number of justices, or any other detail about the structure of the Supreme Court; Congress determines the size of the Court. The Judiciary Act of 1869 specified the Court should seat nine justices: one Chief Justice, and eight Associate Justices. Title 28 of US Code requires the same number today.

Answer 3

No. The Constitution is silent about the composition and structure of the US Supreme Court, including how many justices should serve, whether there should be a Chief Justice, when the Court's Term begins and ends, etc. These details are assigned to Congress under Article I of the Constitution.

For more information on this topic, see Related Questions, below.

Answer 4

The US Constitution does not specify a particular number of justices, nor does it require the Supreme Court to have a Chief Justice. These details were left to Congress because Article III deliberately omitted decisions about the composition and structure, knowing Congress would need to make adjustments over time.

Article III, Section 1

Section 1. 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 judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Currently Title 28 of the United States Code, Section 1 (28 USC § 1) requires one Chief Justice and eight Associate Justices. Congress has changed the number of justices several times, the last time being in the Judiciary Act of 1869.

The Supreme Court's size was modified by the following legislation:

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. Seventh Circuit Act of 1807: Court size, 7
5. Judiciary Act of 1837: Court size, 9
6. Tenth Circuit Act of 1863: Court size, 10
7. Judicial Circuit Act of 1866: Court size, 7
8. Habeas Corpus Act of 1867: Court size, 8
9. Judiciary Act of 1869: Court size, 9

For more information, see Related Questions, below.

Answer 5

Under the Judiciary Act of 1789, the Court was to be composed of six members- though the number of justices has been nine for almost all of its history, this number is set by Congress, not the Constitution.

Answer 6

No, Congress by statute in the Judicial Code sets the number of justices that sit on the Supreme Court at any one time. The Constitution provides that there shall be a Supreme Court but does not set it up in terms of the number of justices or how it is to operate. Congress has changed the number of justices on the court from time to time. At its beginning there were six and it has varied over time to as many as ten. It has been nine since 1869.

Answer 7

Your question is confusing. If you're asking how many Supreme Court justices the Constitution requires, it doesn't specify a number. This decision is left to Congress. If you're asking how many justices participate in amending the Constitution, the answer is none. The Judicial Branch is not part of the amendment process.

Answer 8

It doesn't. It says there is to be a supreme court, but it leaves the exact form that court is to take unspecified for Congress to choose as it sees fit.

Answer 9

The Court... consists of a chief justice and eight associate justices who are nominated by the President and confirmed by the Senate. --Wikipedia

Answer 10

No