We live in a Representative Democracy comprised of three branches of government – the legislative branch that makes the laws, the executive branch that enforces the law, and the judicial branch that interprets the law. This framework of the separation of powers with its important checks and balances between the branches is a hallmark of our great constitutional system. These checks and balances naturally lead to frustrations and impediments in policy and politics. This is not a flaw in our system but part of its design.
Attempts or threats to “pack the Court” have occurred in the past when a President or political party sought to use the Supreme Court to rubber stamp or impose policies that belong in the legislative domain or lack constitutional basis. Increasing the number of justices to dilute the judicial philosophy of a current court is dangerous when done by any political party or ideology. Packing the Court with ideological allies turns the justices into unelected legislators and could lead to an ever-expanding body as each party sought to increase the number for their own gain. Most importantly, it violates the separation of powers balance that is so important to our Nation.
Eagle Forum supports the ‘Keep Nine’ amendment and applauds Senator Ted Cruz (R-TX) and co-sponsors (Senators Marshall, Hagerty, Lee, Cotton, Grassley, Hawley, and Tillis) for introducing this resolution to preserve the judicial independence of the Supreme Court. For over 150 years, the number of justices has been nine and this amendment will prohibit any future President or Congress from manipulating the size of the Supreme Court for political gain. The independence and integrity of the Supreme Court to serve as a neutral interpreter of the Constitution must be preserved. By passing the ‘Keep Nine’ amendment, Congress will be ensuring that any future reform to the number of justices will only occur with overwhelming bipartisan support and will end the threat of “Court-packing” as a political wedge issue.
