Supreme Court Membership

Question 1

Members

Answer 1

There are nine members of the Supreme Court, including eight Associate Justices and one Chief Justice. Congress outlined that the number must be fixed at nine following the Judiciary Act of 1869. The president appoints Supreme Court justices who must be confirmed by the Senate. Members of the Supreme Court remain justices for life and only leave the court by choosing to retire or when they die. A Supreme Court justice can be impeached by Congress, however, this has never happened.

Question 2

Composition of the Court

Answer 2

John Roberts is the Chief Justice of the Supreme Court. The Associate Justices are Neil Gorsuch, Elena Kagan, Sonia Sotomayor, Samuel Alito, Ketanji Brown Jackson, Amy Coney Barrett, Clarence Thomas and Brett Kavanaugh. Anthony Kennedy retired from the Supreme Court in 2018, and in October 2018 Judge Brett Kavanaugh was confirmed by the Senate.

Question 3

Loose constructionists

Answer 3

Some Supreme Court justices are loose constructionists, meaning they have a liberal ideology and interpret the Constitution in a loose way. Loose constructionists view the Constitution as a living document which should adapt and account for changes in modern society, and favour federal government power over state’s rights. Democratic presidents normally appoint loose constructionist justices. Loose constructionist justices include Elena Kagan, Sonia Sotomayor, and Stephen Breyer.

Question 4

Strict constructionists

Answer 4

Supreme Court justices can be strict constructionists, meaning that they have a conservative ideology and have a strict interpretation of the Constitution. Strict constructionists look at the original intent of the Founding Fathers when they wrote the Constitution, and favour state’s rights over the federal government. Republican presidents often appoint strict constructionist judges. Strict constructionist judges include John Roberts, Neil Gorsuch, Clarence Thomas and Samuel Alito.