What gives Congress the power to change the number of justices on the US Supreme Court?

Answer 1

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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Answer 2

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.

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Answer 3

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].