nap-5110 Supreme Court Change
nap-5100 The Supreme Court
nap-5200 Supreme Court Decisions
Removal of a Supreme Court Justice fb post
Change to the Supreme Court can only come if the congress impeaches and convicts a member of the Supreme Court.
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A Supreme Court justice can be removed from office through the impeachment process, which involves two main steps:
- Impeachment by the House of Representatives: A justice can be impeached by a majority vote in the House of Representatives. Impeachment is akin to an indictment in criminal law; it means that the House has brought formal charges against the justice.
- Trial and Conviction by the Senate: After impeachment, the case goes to the Senate for a trial. The Chief Justice of the Supreme Court presides over the trial if the person being impeached is the President. For other impeachments, including that of a Supreme Court justice, a senior Senator typically presides. A two-thirds majority vote in the Senate is required to convict and remove the justice from office.
This process is outlined in the U.S. Constitution under Article I, Section 2, and Article I, Section 3.
Historical Context
- No Supreme Court justice has ever been removed from office through impeachment and conviction. The only justice to have been impeached was Samuel Chase in 1804. He was impeached by the House of Representatives on charges of political bias and misconduct, but he was acquitted by the Senate in 1805 and thus remained in office. This makes him the only Supreme Court justice to have faced an impeachment trial.
- == Changing the number of Supreme Court Justices ====
Adding new justices to the U.S. Supreme Court requires a change in the number of justices, which is determined by Congress. Here’s the process:
- Legislation Proposal: A bill must be introduced in either the House of Representatives or the Senate to change the number of Supreme Court justices. This bill would amend the Judiciary Act, which sets the number of justices.
- Congressional Approval: The bill must be passed by both the House and the Senate. It must go through committee reviews, debates, and votes in both chambers. This typically involves extensive discussion and negotiation.
- Presidential Signature: If the bill is passed by both the House and the Senate, it is sent to the President. The President can sign the bill into law, veto it, or take no action. If the President vetoes the bill, Congress can override the veto with a two-thirds majority in both the House and the Senate.
- Appointment of New Justices: Once the bill is signed into law, creating new positions on the Supreme Court, the President can nominate individuals to fill those positions. These nominations must then be confirmed by the Senate.
Historically, the number of justices has changed several times, but it has been set at nine since 1869. Changing the number of justices is a significant and often controversial process, involving political and legal considerations.
