Articles I and III of the Constitution vested Congress with the authority to make structural changes to the federal court system. While the Constitution only mentions a few powers explicitly, like the ability to create and dismantle courts inferior to the Supreme Court, and the inability to decrease the justices' pay, the other powers are implied.
Congress uses legislation to make changes, usually in the form of a Judiciary Act of [year].
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None. The Constitution assigned Congress authority for establishing federal courts in both Article I and Article III. The Constitution created a framework for the Supreme Court and federal judiciary in Article III, but left the details, such as the number of justices on the Supreme Court, to Congress. This authority is not explicitly stated, but implied.
Congress established the US Supreme Court and a rudimentary federal court system in the Judiciary Act of 1789.
For more information, see Related Questions, below.
Articles I and III of the Constitution vested Congress with the authority to make structural changes to the federal court system. While the Constitution only mentions a few powers explicitly, like the ability to create and dismantle courts inferior to the Supreme Court, and the inability to decrease the justices' pay, the other powers are implied.
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 heavier or lighter caseloads in response to the addition of States or legislation increasing the number of federal courts over which the Supreme Court has appellate jurisdiction.
On several occasions, Congress has used this authority to reduce the size of the Court as a check on the power of the President, to prevent him from filling a vacancy or potential vacancy.
Congress uses regular legislation to make these changes, usually in the form of a Judiciary Act of [year].
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.
Congress decides how many justices should be on the US Supreme Court. The current number, nine, was set by the Judiciary Act of 1869.
FDR tried to do this, but since the president would get to choose the new members congress didn't pass it.
NOVANET: Legislative branch can limit the power of the judicial branch.
The Constitution gives the power of deciding the number of Supreme Court justices to Congress. In 1789, Congress called for the six appointed justices. As the nation grew in area and more judicial circuits were added, Congress adjusted the number of Supreme Court justices. In 1807, Congress adjusted the number to seven; in in 1837, nine; in 1863, ten; and in 1869, back to nine Supreme Court justices.
In 1869, Congress raised the number of justices to nine, where it has stood ever since.
The powers that Congress has over the Judicial Branch are:May impeach Supreme Court justices (for cause)May reject appointments to the Supreme CourtMay change the number of justices on the US Supreme CourtMay change the appellate jurisdiction of any court, including the US Supreme CourtMay establish or dismantle "inferior courts"May initiate constitutional amendments affecting the courts
In 1869, Congress raised the number of justices to nine, where it has stood ever since.
The powers that Congress has over the Judicial Branch are:May impeach Supreme Court justices (for cause)May reject appointments to the Supreme CourtMay change the number of justices on the US Supreme CourtMay change the appellate jurisdiction of any court, including the US Supreme CourtMay establish or dismantle "inferior courts"May initiate constitutional amendments affecting the courts
He wanted more liberal justices in the court.
7
The number was set in 1789, but has changed over the years.