this post was submitted on 29 Jul 2023
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News

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[–] [email protected] 38 points 1 year ago (1 children)

No, he's not right.

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. It also established the lower federal court system.

Source: https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/about

Congress gets to set the rules of how the Supreme Court is organized. They are a built-in constitutional check on SCOTUS.

[–] [email protected] 4 points 1 year ago (1 children)

That's not even mentioning that there is the power to amend the constitution. The constitution by which they are established and bound.

[–] [email protected] 2 points 1 year ago

Congress very explicitly does not have the power to amend the Constitution on their own.