No, it doesn't. The Constitution doesn't give a number for the quantity of SCOTUS judges. It would need 60 Senators to vote in support of it, but it wouldn't need to be ratified by any State Legislatures.
1789: George Washington: initially established much of the judiciary, lower courts and established 6 justices, of which 5 would randomly hear and decide a case.
1801/1802: Reorganized the lower courts -- This was known as John Adams' Midnight Appointments. 5 justices (1 CJ + 4 Assoc.) Repealed under Jefferson and restored back to the 1789 Act.
1866: Post Civil War under Andrew Johnson -- 7 justices, It said the POTUS couldn't make an appointment until number declined to 5, at which point he could appoint 2 more, and a quorum would be 5/7 justices.
Johnson begrudgingly signed this; it meant he tied his hands on SCOTUS appointments. He signed because Congress was veto-proof Republican at the time [they had 70% in both Houses] and his veto basically didn't mean jack shit. Congress overrode his veto on basically everything and Johnson and Congress hated each other at the time.
It was done since there were vacancies at the time, and Congress didn't want Johnson to appoint CSA loyal justices to the court.
1869: Ulysses Grant -- sets the number to 9; is the most recent time number has been changed.
Various Judiciary Acts have been enacted since then, either changing the lower courts, their composition, salary of the SCOTUS, etc. But none since 1869 have changed the number of the SCOTUS.
So the number has changed from 6 to 5 to 6 to 7 to 9 where it is currently - Article III enables Congress to change the number of the SCOTUS at any time.
No, it doesn't. The Constitution doesn't give a number for the quantity of SCOTUS judges. It would need 60 Senators to vote in support of it, but it wouldn't need to be ratified by any State Legislatures.
This. The number of justices can be changed by an act of congress and has been done 4 or 5 times in history.
Same thing with the number + structure of lower courts. Congress can change that by a simple act.
Congress can also by legislation strip the lower courts of jurisdiction on certain matters.
Do you happen to know which presidents charged the executive branch during these periods and/or which parties they affiliated with? Out of curiosity
1789: George Washington: initially established much of the judiciary, lower courts and established 6 justices, of which 5 would randomly hear and decide a case.
1801/1802: Reorganized the lower courts -- This was known as John Adams' Midnight Appointments. 5 justices (1 CJ + 4 Assoc.) Repealed under Jefferson and restored back to the 1789 Act.
1866: Post Civil War under Andrew Johnson -- 7 justices, It said the POTUS couldn't make an appointment until number declined to 5, at which point he could appoint 2 more, and a quorum would be 5/7 justices.
1869: Ulysses Grant -- sets the number to 9; is the most recent time number has been changed.
Various Judiciary Acts have been enacted since then, either changing the lower courts, their composition, salary of the SCOTUS, etc. But none since 1869 have changed the number of the SCOTUS.
Read more here -- https://en.wikipedia.org/wiki/Judiciary_Act_of_1789
So the number has changed from 6 to 5 to 6 to 7 to 9 where it is currently - Article III enables Congress to change the number of the SCOTUS at any time.
Is there any reason they can’t change the rules and remove the filibuster on that too?
Senator Joe Manchin.
Whose wife was just given a sweet 200k/year gig ;)
They don’t need Manchin if they use their secret weapon: Lisa Murkowski.
No they're just pussying around because they know the nuclear option would fire up the right for midterms.
If they have the court do you really think there will be midterms?
Yes?