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Why does Congress have authority to determine the size of the US Supreme Court?
Wiki User
∙ 13y ago
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.
Wiki User
∙ 13y ago
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Who group within the Federal Government has the authority to limit the president's inherent powers?
The Supreme Court
Do all of the federal courts determine the number of US Supreme Court justices?
No. The US Constitution vests Congress with the authority to determine the structure of the federal courts, including the US Supreme Court. Congress set the number of justices on the Court at nine in the Judiciary Act of 1869.
Why is Marbury v. Madison considered to be an important Supreme Court decision?
It established the authority of the Supreme Court to rule on the constitutionality of an act of Congress. That is, it resolved that the Supreme Court is the final authority when determining whether a law is Constitutional or not.
Did the Constitution make provisions for a US Supreme Court but allow Congress to determine the structure of the Court?
Yes. Article III of the Constitution mandated creation of a Supreme Court, but allowed Congress authority to determine details such as the number of justices, the duration and timing of the Court's annual Terms, salaries, its appellate jurisdiction, etc.
Who has the ability to determine the number of justice on the Supreme Court?
congress
Who has the ability to determine the numbers of justices of the supreme court?
congress
What institution had authority to establish lower federal court?
Congress retains the authority to do this. They also have the authority to abolish any federal court except the Supreme Court.
Why is Marbury Madison considered to be an important Supreme Court decision?
It established the authority of the Supreme Court to rule on the constitutionality of an act of Congress. That is, it resolved that the Supreme Court is the final authority when determining whether a law is Constitutional or not.
Who has the power to declare a law passed by congress unconstitutional?
The Supreme Court has the authority to interpret the Constitution.
Why is marbury v. Madison consider to be important supreme court decision?
It established the authority of the Supreme Court to rule on the constitutionality of an act of Congress. That is, it resolved that the Supreme Court is the final authority when determining whether a law is Constitutional or not.
Who has the power to declare a law passed by Congress?
The Supreme Court has the authority to interpret the Constitution.
Which has the final authority to determine the number if seats for each state?
The Supreme Court has the final authority to determine the number if seats for each state.
