Presidential Commission on the Supreme Court of the United States
Chapter 1
Chapter 1 provides a history of efforts to reform the Supreme Court dating back to the Founding. This history highlights how lawmakers and the public, throughout the Nation’s history, have been attentive to and engaged in debate about the role the Court plays within the constitutional system. Reform debates have reflected the institutional needs of an expanding nation, and they have involved partisan conflict and philosophical struggle over substantive constitutional values and the power of government to serve the needs of the people. We offer this history not to attempt to resolve today’s debate according to a particular historical standard, but rather to offer context for today’s discussions and to underscore that debates about Court reform are part and parcel of U.S. constitutional history and the development of the American political order.
Chapter 2
Chapter 2 examines proposals to expand or otherwise alter the current structure of the Supreme Court. The Chapter begins by presenting a brief history of past efforts to alter the size of the Court, dating back to the nineteenth century. It then proceeds to consider the legality of Court expansion, concluding based on text, structure, and history that Congress has broad authority to modify the Court’s size.
The Chapter then describes arguments made in the public debate both for and against Court expansion. Supporters contend that Court expansion is necessary to address serious violations of norms governing the confirmation process and troubling developments in the Supreme Court’s jurisprudence that they see as undermining the democratic system. Opponents contend that expanding—or “packing”—the Court would significantly diminish its independence and legitimacy and establish a dangerous precedent that could be used by any future political force as a means of pressuring or intimidating the Court. The Commission takes no position on the validity or strength of these claims. Mirroring the broader public debate, there is profound disagreement among Commissioners on these issues. We present the arguments in order to fulfill our charge to provide a complete account of the contemporary Court reform debate.
The Chapter also considers other structural reforms to the Court, such as proposals to provide for rotation between the Supreme Court and the lower federal courts, divide the Supreme Court into panels, or ensure ideological balance on the Court. The Commission
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