<P> Article III of the United States Constitution does not specify the number of justices . The Judiciary Act of 1789 called for the appointment of six `` judges '' . Although an 1801 act would have reduced the size of the court to five members upon its next vacancy , an 1802 act promptly negated the 1801 act , legally restoring the court 's size to six members before any such vacancy occurred . As the nation 's boundaries grew , Congress added justices to correspond with the growing number of judicial circuits : seven in 1807 , nine in 1837 , and ten in 1863 . </P>
<P> Article III of the United States Constitution does not specify the number of justices . The Judiciary Act of 1789 called for the appointment of six `` judges '' . Although an 1801 act would have reduced the size of the court to five members upon its next vacancy , an 1802 act promptly negated the 1801 act , legally restoring the court 's size to six members before any such vacancy occurred . As the nation 's boundaries grew , Congress added justices to correspond with the growing number of judicial circuits : seven in 1807 , nine in 1837 , and ten in 1863 . </P>
who determines the size of the supreme court
who determines the size of the supreme court
Congress
Congress