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Old 04-01-2019, 05:50 PM
Sam Stone is offline
Charter Member
Join Date: Jun 1999
Posts: 28,495
Originally Posted by Whack-a-Mole View Post
Why can congress set the number of justices?

Seems a constitutional matter to me.

If they can set it at nine they can set it at one or none. If none they can abolish a branch of government. Which would seem crazy but if they can set any number then zero is a number.

My point being, congress does not have the right to limit another branch of government.
This is just wrong at every level. The American government is set up so that all three branches can limit each other. The House has the power of the purse, and can refuse to fund things. Budgets cannot be passed unless both the House and the Senate agree. Both the House and Senate have separate investigatorial powers, including the ability to investigate wrongdoing in the other branches. The President has the power of the Veto and pardon power, and as head of the executive branch has the right to determine how and when to implement what Congress passes. If he goes too far with that, he can be impeached. Both the Executive and Legislative branches of government are answerable to the Constitution as determined by the Supreme Court.

This structure was put in place intentionally to keep the system stable and to ensure that sweeping changes could only be made with widespread agreement. Partisans on both sides have been whittling away at that for their own advantage since the founding of the country, but the ability for each branch to have oversight over the others, and the structure of those branches, has kept the American government relatively stable and relatively functional for a very long time.

Last edited by Sam Stone; 04-01-2019 at 05:51 PM.