The U.S. Supreme Court

Origins:

• The U.S. Supreme Court was established by the U.S. Constitution, specifically in Article III, Section 1, which states, “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.”
• The first Supreme Court convened in 1790. The Judiciary Act of 1789, signed by President George Washington, outlined the details of the federal judiciary system, including the Supreme Court’s composition.

Number of Justices:

• The Constitution doesn’t specify the number of Supreme Court Justices. Over the years, the number varied as Congress changed the number of justices to as few as five and as many as ten.
• Since the Judiciary Act of 1869, the number has been set at nine: a Chief Justice and eight Associate Justices.
• The number nine is not constitutionally mandated, and Congress has the authority to change it through legislation.

Appointment and Tenure:

• Justices are nominated by the President of the United States and are confirmed by the U.S. Senate.
• Once confirmed, a justice serves a life term. However, they can be removed through impeachment and conviction, retire, or resign. Impeachment of a justice is rare and has only occurred once in history, though the justice was not removed.
• The life tenure is meant to insulate justices from political pressures and ensure an independent judiciary.

Responsibilities and Answerability:

• The primary role of the Supreme Court is to interpret the Constitution, federal laws, and treaties. It resolves conflicts between state laws and federal laws and between states.
• The Court operates on a system of checks and balances. While it can declare legislative or executive actions unconstitutional, both the Executive and Legislative branches have means to check the Court’s power (e.g., the Senate’s role in confirming justices or Congress’s ability to propose constitutional amendments).
• The Court’s decisions are final unless overruled by a subsequent decision of the Court or by a constitutional amendment.

In the Constitution:

• As mentioned earlier, the U.S. Constitution, in Article III, provides for the establishment of the Supreme Court. However, many details about the Court’s procedures, its jurisdiction, and the number and appointment of its members are left to Congress or are based on traditions developed over time.
• For instance, the practice of “judicial review” — the power of the Court to declare laws unconstitutional — is not explicitly mentioned in the Constitution but was established by the landmark decision in Marbury v. Madison in 1803.

The Supreme Court’s role has evolved over time, adapting to societal changes and legal developments. Today, its decisions significantly impact American law, politics, and society, making it a cornerstone of the U.S. federal system.