Skip to comments.Vanity: Time to Increase Number of Supreme Court Justices
Posted on 07/05/2012 10:03:08 AM PDT by privatedrive
The Constitution does not specify the number of justices on the Supreme Court; that decision is left to Congress. I submit that now is the time to increase that number to at least 15. Clearly the current makeup of the SC concentrates too much power to one individual (formerly Kennedy, now Roberts).
In 1861, Congress passed a law fixing the number of SC Justices at 9. The original U.S. Supreme Court had only six Justices; that number has changed several times over the years.
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.Seventh Circuit Act of 1807: Court size, 7 5.Judiciary Act of 1837: Court size, 9 6.Tenth Circuit Act of 1863: Court size, 10 7.Judicial Circuit Act of 1866: Court size, 7 8.Habeas Corpus Act of 1867: Court size, 8 9.Judiciary Act of 1869: Court size, 9
I believe that now is a good time to increase the number, and thereby reduce the chances of one justice deciding the interpretation of law based on outside influences.
I totally disagree with this if Obama has anything to do with appointing them.
That you Mr.Roosevelt? Thought you was dead.
>>Time to Increase Number of Supreme Court Justices<<
That’s a dandy idea. Can this really happen? If so, I’ll be writing my reps and senator.
GOOD! THATS BRILLIANT!! Letsdo it right now like You suggest so that Obama gets to appoint 6 more Terrorists to the Bench before he leaves! BRILLIANT!!
"I like your idea!
FGS! Has FR been taken over by infants?
Privatedrive, Google “Court Packing” after you get your beeber out of the shower.
Why, pray tell, do You think 1/20/13 will be any different than 1/19/13??? With all the so called Conservative here saying they will NOT VOTE for ROMNEY and will merely vote the rest of the ticket, sounds like we are punching the ticket for four more years of the OBAMANATION and his band of Terrorists!
Totally disagree. If you add more justices, they’ll just vote based on coalitions. The outcomes will be the same.
There are already too many idiots on the public dole writing irrelevant side opinions.
Well obviously it wouldn’t take effect until after the election.
As of today, we’re screwed. We now have 5 progressive liberals (the most powerful of whom is a traitor), and they are WRITING law to suit their ideology. I’m looking for some way out of this Hell.
Or perhaps you prefer the status quo?
You get out of it, by electing conservatives that appoint conservative Judges.
Infants will be those who are whining when their first and second amendment rights are gone. Monny! They took my thingies! Enjoy the company.
Judging by the historical record, apparently that’s very hard to do.
WOW! Sounds to me we have a New Deal Progressive here trying to overturn any chance of ever blocking the Progressives, Communists and others Hell bent on destroying America!
No, it is time to abolish the SCOTUS.
They have failed in their duty to protect the constitution, and rewarding them by increasing the number of justices is STUPID.
If they refuse to do their duty, then their is no reason for it to exist, beyond that, I will never obey anything it decides again, so what really is the point of it existing?
We don’t need for justices. We need a super-majority of strict constructionists. I would say 7 would be the minimum — or even 8. That way when one or two go wobbly, the whole nation doesn’t have to pay the price. No More John Roberts! No More Souters!
We don’t need MORE justices. We need a super-majority of strict constructionists. I would say 7 would be the minimum — or even 8. That way when one or two go wobbly, the whole nation doesn’t have to pay the price. No More John Roberts! No More Souters!
You might be opening a can of worms we’d rather keep shut. Didn’t FDR look at trying such a thing when he couldn’t get his socialist agenda through the courts?
I’m a little surprised 0bama hasn’t tried it already.
“That you Mr.Roosevelt? Thought you was dead.”
There’s a difference, in that he wanted to pack the court to stop it from enforcing the Constitution. This guy apparently thinks it can help restore the Constitution. Probably at best it would result in extra Robertses strengthening the liberal faction.
Just Google “Court Packing” like Sam_Paine asked You to do before You throw a rock at me!
The justices need to be term limited with no re-appointment possible. Ten year terms. The court is so politicized that even direct elections would be preferable to the current system. I also like the idea of Mark Levin that the congress could overturn a SC decision by a 2/3 margin in both Houses.
No Term Limits!!!! Or Judicial Review by the Senate and House. When the SCOTUS judge becomes a problem you remove them. By a 2/3 vote!!!
All is know is: The way things stand now is unacceptable. SC has stolen legislative power from Congress, pure and simple. The major decisions that confront our great nation are NOW in the hands of unelected, progressive ideologues. 1st amendment, 2nd amendment - nice knowin ya.
Perhaps increasing the SC number would lessen our risk; perhaps not. I’m just postulating an idea that might help Congress recapture some of their newly stolen power. “We the People” have had our b@lls cut off by SCROTUS. We need to get them back.
If we have our balls cut off by the Scrotus, maybe that will bring the solution that much sooner.
We are trying to put a foundation under a rotting house. You get to a point where restoration isn’t feasible.
AKA roosevelt........no thanks
Why would he? Unlike FDR, he CAN get his socialist agenda through the court.
Evidently. Between those calling for Roberts impeachment to the idea we need to revive FDR's infamous court packing scheme which was a direct result of his having lost initial New Deals cases...
It's at best bothersome. At worst it shows how, even on FR, too many are devoid of the most even basic U.S. History or civics understanding.
Why not just admit that the USSC has become nothing more than a glorified legislature?
In doing so we’d be admitting that one of the branches of government is worthless and the Constitution is therefore invalid, but if we’re going to go to mob rule anyway we might as well skip the niceties and get it over with.
Terrible idea. That would effectively mean that Congress could amend the Constitution by a 2/3 majority, without the states. Also, could Congress also overturn lower court decisions?
Can’t increase the number of justices.
FDR tried to add an additional 6 in 1939 and Congress said NO.
They have encroached on States’ rights too, starting decades ago.
So it cant be done because Congress said no in 1939? Hmmm.
So it cant be done because Congress said no in 1939? Hmmm.
I say drop the number of justices to four.
Congress said “no” in 1939 because FDR was trying to pack the courts by adding 6 more Justices in his favor. If you wanted to add 6 Justices today it will be viewed in the same manner and should suffer the same fate.
Changing the number of Justices on the SCOTUS can be done and has been done in the past. What the folks are saying is that Congress isn’t going to allow any POTUS to increase the number of justices by say “6” at once. That’s way too much power granted to the POTUS at once to try and pack the SCOTUS, even with Congress voting on appointees.
I agree with this position, no matter if it’s “our President” or “their President”. If you want to have 15 justices serving on the SCOTUS, then it should occur gradually.
I say we just trim it down to the 4 that understand the job they where tapped to do.
how does increasing the number of justices increase the court’s power? I would argue that it lessons each justice’s power.
Well, right now the justices can amend the Constitution every session and the justices always have the last word.
Perhaps, the state legislatures could overturn supreme court decisions by 2/3 or 3/4 vote w/o Congress.
Indeed the States may be our last best hope.
The number is irrelevant as there will always be an ample supply of people more than willing to put political views ahead of the US Constitution and the US Citizens.
What we need a 9 judges who have shown to have a full and complete understanding of the Constitution as INTENDED not what they would like it to say.
These judges need to use the owner’s manual, known as the Federalist Papers to erase any last vestiges of political bias and to insure they know how, what and why the Constitution was written and the intent of the founders to finally give the world a country with a LIMITED government. LIMITED government is one of the most important concepts and one that the black robed political hack lawyer morons seem unable, or more than likely, unwilling to grasp.
Well said and agreed. unforunately we are in a situation
now where 1st and 2nd amendment rights are about to fall. We need to do something different. And most assuredly, we musy contain SC’s newfound power.
Yea, let’s let Obama pick six more SC judges. That should really help the country.
Also, I'm very pleased that you brought up this topic. A lot of folks are critically thinking about things and trying to come up with solutions.
Let's say you want to go from 9 to 15 Justices. Who picks the appointees? The President does. On 2/1/2013, Congress has authorized the SCOTUS to go from 9 to 15 Justices. If Obama is President at the time, he gets to send 6 nominees to be approved by Congress. You know as well as I do that Democrat nominees go through without any issues. If Romney is President, do you believe he will nominate 6 strict constitutionalists? Do you even think it will be 2-3?
So now instead of getting 5-4 and 6-3 decisions it becomes 11-4 and 12-3.
Yes, the individual Justice's power and influence is diminished. BUT how many years and Presidents’ SCOTUS nominees would it take to balance out the SCOTUS? If it could be even be done at that point.
This is all IMHO. I'm not a Constitutional scholar, etc. but just an average guy who loves our Country!
Yes and thank you for advancing the discussion. I know it’s a huge risk and if obama wins again it will backfire. But if romney wins and sc remains in its current form, we’re still screwed.
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