The Supreme Court has nine members, and its size is established by

Question

BlackTom AI · Accepted Answer

Restating the scenario: The question asks who establishes the size of the Supreme Court, which is nine members in practice. The answer choices present four possibilities to evaluate.
Option 1: 'No answer text provided.' This option is non-informative and does not address the constitutional or statutory mechanism that sets the Court's size, so it cannot be correct.
Option 2: 'Congress' This is the historically accurate choice. The size of the Supreme Court is not fixed in the Constitution; instead, Congress has the authority to determine the Court's size by passing statutes. Over the years, Congress has adjusted the number of justices through legislation, such as the Judiciary Act of 1789 and subsequent laws when needed.
Option 3: 'the Constitution' While the Constitution establishes the existence of a Supreme Court and outlines its general judicial framework, it does not prescribe a fixed number of justices or how that number should be set. This makes it an incorrect basis for the specific nine-member size.
Option 4: 'the President' The President nominates justices, but does not determine the total number of seats on the Court. The actual size is a legislative matter handled by Congress rather than an executive authority, so this option is inaccurate.
In summary, the key distinction is between who appoints justices (the President with Senate confirmation) and who decides how many justices there are (Congress via statute). The other options fail because they either provide incomplete information, misstate constitutional provisions, or assign the size-setting power to the wrong branch.

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