As Democrats eye expanding the Supreme Court, a crucial question remains: can the high court itself block such a move? The answer lies in the intricacies of constitutional law.
Under current US law, Congress is responsible for adding seats to the Supreme Court. Since 1869, the number of justices has been capped at nine, but this could change with new legislation. However, once that happens, it's unlikely the court would be able to intervene. The reason for this lies in the constitutional provision governing federal judges' tenure, which states they must serve "during good Behaviour." This is generally understood to mean life-long service.
The Supreme Court has explored term limits for justices through proposed legislation, but these efforts are still a subject of debate. If a term limit proposal were to pass, it would need to address the constitutional provision governing judicial tenure. Yet, even if that happens, adding seats to the court via Congress is not something the high court can block.
In essence, any attempt by future justices to quash a law expanding the Supreme Court would be seen as an unconstitutional overreach. This means that while the court might grapple with the implications of such a move, its power to prevent it would be limited.
Under current US law, Congress is responsible for adding seats to the Supreme Court. Since 1869, the number of justices has been capped at nine, but this could change with new legislation. However, once that happens, it's unlikely the court would be able to intervene. The reason for this lies in the constitutional provision governing federal judges' tenure, which states they must serve "during good Behaviour." This is generally understood to mean life-long service.
The Supreme Court has explored term limits for justices through proposed legislation, but these efforts are still a subject of debate. If a term limit proposal were to pass, it would need to address the constitutional provision governing judicial tenure. Yet, even if that happens, adding seats to the court via Congress is not something the high court can block.
In essence, any attempt by future justices to quash a law expanding the Supreme Court would be seen as an unconstitutional overreach. This means that while the court might grapple with the implications of such a move, its power to prevent it would be limited.
... I mean, can't we just agree on something for once? 
But seriously, if Congress decides to add more seats to the Supreme Court, it's hard to see how the court can stop it. Like, imagine if they tried - wouldn't that just be a bigger problem for them? 
The whole thing about justices serving "during good Behaviour" is pretty vague, imo... I mean, do they really think it means "for life"? 
It's all pretty messy, but maybe we can just take a deep breath and try to find some common ground? 
But seriously though, this is kinda interesting... like how can they even block a change to the court? 
It's like trying to put toothpaste back in the tube 
It's all pretty confusing to me, and honestly I'd rather just read a plain old text document without all these fancy headers and footers 
. What if this is just a power play by the Democrats to have more control over the court? And what about term limits? Are they just trying to get rid of those too? 
This all feels like too much for me...
But yeah, the whole thing about them not being able to block it themselves just seems kinda mind-blowing. I mean, can you imagine the court trying to argue that they're not allowed to make decisions based on their own composition? 
can you imagine having to rewrite the entire constitution to account for 11 justices instead of 9?! it's like formatting a word document with way too many tabs 
it's like they haven't seen the history books 
the SC has been tryin to limit its own power for decades 
and now u wanna add more members?! 
that just sounds like a recipe for disaster 
especially when u consider the fact that these new justices would be appointed by Congress 
not exactly the most impartial bunch 
where the US government is like a city and the Supreme Court is like a council in that city right? 
well if Congress wants to add more justices to the court they're basically making a rule like "hey everyone, now we have 11 justices on the council" 
and it's not like the current justices can be all "hold up wait what" 
because of this whole good behavior thing 
and you're gonna have some major disputes over who gets to decide what the new borders are