Justice Samuel Alito Insists Congress Has No Power To ‘Regulate’ Supreme Court
Justice Samuel Alito Insists Congress Has No Power To ‘Regulate’ Supreme Court
It’s right on the courts’ info page
www.uscourts.gov/about-federal-courts/…/about
Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. Congress first exercised this power in the Judiciary Act of 1789. This Act created a Supreme Court with six justices.
Supreme Court Background Article III of the Constitution establishes the federal judiciary. Article III, Section I states that "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." Although the Constitution establishes the Supreme Court, it permits Congress to
Indeed, I posted this on another thread about the court
Thomas Jefferson to Abigail Smith Adams, September 11, 1804, “but the opinion [Marbury v Madison] which gives to the judges the right to decide what laws are constitutional, and what not, not only for themselves in their own sphere of action, but for the legislature & executive also in their spheres, would make the judiciary a despotic branch.”