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Yes. Congress has changed the size of the Supreme Court a number of times since the Court was first established in 1789. In most cases, they have expanded the Court to accommodate an increasing workload. But on at least two occasions, Congress used a reduction in the size of the Court to deprive a President of the opportunity to appoint new justices, as in the Judiciary Acts of 1801 and 1867.

In 1801, the Federalists reduced the size of the Court by one, with the hope that Thomas Jefferson would miss an opportunity to influence judicial ideology. Unfortunately for the Federalists, Jefferson's Democratic-Republicans took control of both houses of Congress and repealed the law before a vacancy occurred.

Congress used a similar tactic against Andrew Johnson in 1867 (after a failed attempt at impeachment) when they eliminated the seat of retired justice William Catron, reducing the size of the court from 9 to 8. In Johnson's case, the legislators were successful in preventing him from making an appointment.

After the election of President Ulysses S. Grant, Congress passed the Judiciary Act of 1869, which set the Court's membership at nine. This number has remained the same ever since.


  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. Judiciary Act of 1807: Court size, 7
  5. Judiciary Act of 1837: Court size, 9
  6. Judiciary Act of 1863: Court size, 10
  7. Judiciary Act of 1866: Court size, 7
  8. Judiciary Act of 1867: Court size, 8
  9. Judiciary Act of 1869: Court size, 9

In 1937, Franklin D. Roosevelt attempted unsuccessfully to expand the membership of the court to gain support on the Court for his New Deal programs. He proposed adding one justice to the Supreme Court for every member over 70.5 years of age, with the potential of adding as many as six additional justices, for a total of 15. Congress refused to pass Roosevelt's legislation; however, the President had an opportunity to nominate eight justices* to vacancies that occurred during his terms of office, which created a court more receptive to his ideas.

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When did Congress set the size of the US Supreme Court at nine justices?

Congress reduced the size of the US Supreme Court from 10 to 7 justices in the Judiciary Act of 1866 in order to prevent President Andrew Johnson from appointing any justices to vacancies on the Court. Congress increased the size of the Court from 7 to 9 after Johnson left office, in the Judiciary Act of 1869. The number of seats has remained constant ever since.


How is the number of Supreme Court justices determined?

The number of Supreme Court justices is determined by Congress through legislation. The Constitution does not specify the exact number of justices, so it can be changed by Congress. The current number of justices is set at nine, but it has varied throughout history.


Who choose the justices?

The President . . .Added: . . . with the approval of Congress


What power does Congress not have?

the power to remove federal justices .... ;)


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.


The congress is allowed to do what?

impeach supreme court justices!!!!!! novnet>>>


What enumerated powers does Congress not have?

the power to remove federal justices .... ;)


Who has the ability to determine the numbers of justices of the supreme court?

congress


Which of these enumerated powers does Congress not have?

the power to remove federal justices


Can the president dismiss Supreme Court justices?

No, the president cannot dismiss Supreme Court justices. Justices serve for life unless they choose to retire or are impeached by Congress.


How many justices on the U.S. supreme court?

In 1869, Congress raised the number of justices to nine, where it has stood ever since.


How did the US government finally settle on the 9 justice system they have today?

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.