The U.S. Constitution does n’t stipulate how many Supreme Court justice are necessary — and there were n’t always nine on the terrace . The Federal Judiciary Act of 1789 called for a chief justice and five associate justices . The court did n’t settle into the current card of eight associates and a gaffer until the late 1860s .
A sixth associate Justice Department was added in 1807 , a seventh and eighth in 1837 , and a ninth in 1863 . Congress sought to restructure the court during the contentious administration of Andrew Johnson , Abraham Lincoln ’s controversial successor . A police force make it in 1866 promise for a decrease in the number of associate justices from nine to six through the operation of detrition . Seven associate remain on the terrace in 1869 , when a law was passed to increase the act back to eight . By that clock time President Ulysses S. Grant had take office .
That ’s how matter stood until 1935 , when a largely conservative court unanimously rescind three of President Franklin D. Roosevelt ’s New Deal provisions . Roosevelt was return by a landslip the next year . So , in 1937 , he empower his political uppercase in making the lawcourt more likely to interpret laws from a liberal stand .
Roosevelt propose the Judiciary Reorganization Bill of 1937 , known ever since as the “ court - packing material system . ” Under this law , the Supreme Court would add one justice for every sitting Department of Justice over age 70 . Roosevelt reason that the tourist court , with six septuagenarian , was n’t up to the business . ( Because you ’re surely wondering , the current court of justice has four septuagenarians as of March 2025 : Chief Justice John Roberts and Associate Justices Clarence Thomas , Samuel Alito , and Sonia Sotomayor . )
The beak caused an uproar — even among Roosevelt ’s allies — and , with the president refusing to give in , eventually died in Congress .
Are there special seats on the Supreme Court?
Barbara A. Perry , author ofA “ Representative ” Supreme Court ? The Impact of Race , Religion , and Gender on Appointments , say Mental Floss in 2008 that presidents have attempt “ balancing internal representation ” in their nomination since the clock time of George Washington . The drill has cave in wage hike to the thought of “ seat ” for specific demographics groups .
The suppositious “ Jewish seat ” on the workbench was first engage by Louis D. Brandeis , nominate by President Woodrow Wilson in 1916 . Benjamin Cardozo join Brandeis in 1932 , and when Cardozodied , Franklin Delano Roosevelt chose another Jewish judge , Felix Frankfurter , to replace him . Arthur Goldberg replace Frankfurter in 1962 , and Abe Fortas supplant Goldberg in 1965 . But there is no evidence that a special seat was concur : After Fortas resigned in 1969 , another Judaic justice was not confirmed to the court until Ruth Bader Ginsburg in 1993 .
After Thurgood Marshall , the first Black Justice Department , retired in 1991 , President George H. W. Bush nominate another pitch-dark legal expert ( Clarence Thomas ) with a definitely dissimilar approach to the law . And one reason that President George W. Bush nominated Harriet Miers was to have a cleaning lady succeed the retire Sandra Day O’Connor , Perry said . “ Bush really want to make Alberto Gonzales the first Hispanic justice , ” after the death of Chief Justice William Rehnquist in 2005 , Perry said , but he cease up nominate John Roberts .
“ Later , spiritual seats developed , ” she added , “ but once a group come in the mainstream , United States President experience less compelled to give out to them . The other way you know is if members of a chemical group sate multiple seat . ” For lesson , in 1956 , President Dwight D. Eisenhower nominated William Brennan to ensure at least one Roman Catholic sat on the court . Today , six ( possibly seven ) of the current DoJ are Catholic , one is Protestant , and one is Jewish .
What is the role of the Supreme Court?
The framers of the Constitution considered the lack of a gamy court as one of the chief weakness of the Articles of Confederation , which the Constitution was intended to replace . Article III call off for Congress to create a Supreme Court .
“ All nations have found it necessary to establish one court paramount to the rest , possessing a general oversight , and authorized to resolve and adjudge in the last resort a uniform rule of civil justice , ” Alexander Hamilton argued in support of a Judiciary that would be an adequate branch of governing with Congress and the presidency .
It took the Federal Judiciary Act of 1789 to contribute the Supreme Court and Union district courts into universe . The court ’s first session open on February 2 , 1790 , but the justices heard no argument during their first three session . The court did n’t issue its first major determination until 1793 when , inChisholm v. Georgia , it ruled the nation of Georgia was not resistant to a lawsuit from a citizen of another state . That decision was overturn by theEleventh Amendment , ratified in 1795 .
During their long periods of downtime , the early justices were occupied with riding the mucky roads of the country , settle down case as circuit judges . sit on a circuit court is still part of a justice ’s job description .
Does the Supreme Court enforce its decisions?
It ca n’t on its own — it rely on the executive outgrowth for support . This arrangement was a big selling peak when the Constitution was being shopped around in 1787 . The judiciary , Alexander Hamilton wrote , “ has no influence over either the steel or the purse … It may truly be said to have neither force nor will , but merely judging . ” The royal court , Hamilton believed , would be “ the least severe ” branch of governing .
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A version of this story was publish in 2008 ; it has been updated for 2025 .
