ผลต่างระหว่างรุ่นของ "รอยซ์"

}}</ref> ''[[McDonald v. Chicago]]''), and campaign finance (''[[Citizens United v. Federal Election Commission]]'').<ref>{{cite web |title=A Bad Day for Democracy |work=The Christian Science Monitor |url=http://www.csmonitor.com/Commentary/Opinion/2010/0122/Supreme-Court-s-campaign-ruling-a-bad-day-for-democracy| accessdate=January 22, 2010}}</ref>

 

The United States Constitution does not specify the size of the Supreme Court, but Article III authorizes the Congress to fix the number of justices. The [[Judiciary Act of 1789]] called for the appointment of six justices. As the country grew geographically, Congress increased the number of justices to correspond with the growing number of judicial circuits: the court was expanded to seven members in 1807, nine in 1837 and ten in 1863.

 

President [[Franklin D. Roosevelt]] attempted to expand the Court in 1937, seeking to appoint an additional justice for each incumbent justice who reached the age of 70&nbsp;years 6&nbsp;months and refused retirement; under Roosevelt's proposal, such appointments would continue until the Court reached a maximum size of 15 justices. Ostensibly, the proposal was made to ease the burdens of the docket on the elderly judges, but the President's actual purpose was to pack the Court with justices who would support [[New Deal]] policies and legislation.<ref>{{cite web |last=Mintz |first=S. |title=The New Deal in Decline |work=Digital History |publisher=University of Houston |year=2007 |url=http://www.digitalhistory.uh.edu/database/article_display.cfm?HHID=479 |accessdate=2009-10-27}}</ref> This plan, usually called the "[[Judiciary Reorganization Bill of 1937|Court-packing Plan]]", failed in Congress and proved a political disaster for Roosevelt.<ref>{{cite web |last=Hodak |first=George |title=February 5, 1937: FDR Unveils Court Packing Plan |work=ABAjournal.com |publisher=American Bar Association |year=2007 |url=http://abajournal.com/magazine/february_5_1937/ |accessdate=2009-01-29}}</ref> The balance of the Court shifted with the retirement of [[Willis Van Devanter]] and the confirmation of [[Hugo Black]] in August 1937. By the end of 1941, Roosevelt had appointed seven Supreme Court justices and elevated [[Harlan Fiske Stone]] to Chief Justice.<ref>"Justices, Number of", in Hall, Ely Jr., Grossman, and Wiecek (editors), ''The Oxford Companion to the Supreme Court of the United States.'' Oxford University Press 1992, ISBN 0-19-505935-6</ref>

 

{{Main|Appointment and confirmation to the Supreme Court of the United States}}

[[Article Two of the United States Constitution]] gives the [[President of the United States|President]] power to appoint justices "by and with the [[advice and consent]] of the [[United States Senate|Senate]]". Most Presidents nominate candidates who broadly share their ideological views, although a justice's decisions may end up being contrary to what the nominating President anticipated. Because the Constitution does not set any qualifications for service as a justice, the President may ''nominate'' anyone to serve. However, that person must receive Senate confirmation.

 

Once the Senate confirms the nomination, the president must prepare and sign a commission, to which the Seal of the [[United States Department of Justice|Department of Justice]] must be affixed, before the new justice can take office.<ref>''See'' {{usc|5|2902}}.</ref> The seniority of an associate justice is based on the commissioning date, not the confirmation or swearing-in date.<ref>{{usc|28|4}}.</ref>

 

When the Senate is in recess, the President may make a temporary appointment without the Senate's advice and consent. Such a [[recess appointment|recess appointee]] to the Supreme Court holds office only until the end of the next Senate session (at most, less than two years). To continue to serve thereafter and be compensated for his or her service, the Senate must confirm the nominee. Of the two Chief Justices and six Associate Justices who have received recess appointments, only Chief Justice [[John Rutledge]] was not subsequently confirmed for a regular appointment. No president since [[Dwight Eisenhower]] has made a [[recess appointment]] to the Supreme Court and the practice has become highly controversial even when applied to lower federal courts.

 

<ref>Democrats supported the resolution 48-4, and Republicans opposed it 33-0.</ref>

 

The Constitution provides that justices "shall hold their offices during good behavior" (unless appointed during a Senate recess). The term "good behavior" is well understood to mean justices may serve for the remainder of their lives, although they can voluntarily resign or retire. A justice can also be removed by Congressional impeachment and conviction. However, only one justice has been impeached by the House ([[Samuel Chase]], in 1805) and he was acquitted in the Senate. Moves to impeach sitting justices have occurred more recently (for example, [[William O. Douglas]] was the subject of hearings twice, once in 1953 and again in 1970), but they have not reached a vote in the House. No mechanism presently exists for removing a justice who is permanently incapacitated by illness or injury, both unable to resign and unable to resume service.<ref name="hufpost">{{cite web|url=http://www.huffingtonpost.com/jacob-m-appel/anticipating-the-incapaci_b_266179.html|title=Anticipating the Incapacitated Justice|last=Appel|first=Jacob M.|date=2009-08-22|work=Huffington Post|accessdate=2009-08-23}}</ref>