Directions: Please read the following question and answer it to the best of your ability by either using your notes, class discussions and/or the class textbook.
HISTORICAL CONTEXT: The Constitution does not require the Supreme Court to have a maximum of nine justices. The number was instead set by statute, with the Judiciary Act of 1869. The limit then reflected the number of federal appeals circuits. Bear in mind here that no president has proposed increasing the Supreme Court’s maximum number of seats since President Franklin D. Roosevelt did in 1937, with his “court packing” plan. He developed this out of frustration with the Court for striking down legislation associated with his New Deal series of economic reforms. The Senate rejected his plan.
TASK/WRITING PROMPT: Do you think that increasing the size of the court would alleviate concerns about longer terms of justices, or ideological or partisan imbalance? Would you phase in an increase over time, or allow it to happen all at once, no matter who was president or which party had a Senate majority?
Be sure to explain your viewpoint and provide evidence by using examples from the PowerPoints.