Is it true that at any time Congress and the Senate can add justices to the Supreme Court if the president agrees?
Does this mean we could have 57 justices on the court in 100 years?
- SordenhiemerLv 71 month agoFavorite Answer
Yes. The constitution says there has to be a supreme court, but does not limit the number of justices on the court.
@Mike...FDR did not fail. He used the threat of adding justices to the court as a means to get Congress to pass his new deal legislation, which they then did.
Your continued misunderstanding of history is shameful.
- PatLv 71 month ago
There is no such thing as "Congress and the Senate".
Congress consists of the House of Representatives AND THE SENATE.
HOUSE + SENATE = CONGRESS.
Just like cheese + burger = cheeseburger.
- skeptikLv 71 month ago
Sort of. But not really.
The Constitution sets no number of Justices for SCOTUS. As long as it has a Chief Justice, it meets the minimum. The inaugural Court had only six members.
Its size has varied over time, with the early tradition having a new Justice added every time a new Circuit was added as the nation grew. Maxing out at ten in 1863.
In the aftermath of the impeachment of Andrew Johnson, Congress reduced its size to seven (through future attrition). But then before anyone else retired, set its size to nine by statute in 1869.
It's been that size ever since, but it is within the prerogative of Congress to change it by passing a new law.
So yes - Congress can change the size of the Supreme Court.
But not really "at any time" - since they would need to actually pass a law to do it.
- Anonymous1 month ago
FDR tried that and failed .