Recently the Legislative branch considered whether to try to expand the Supreme Court by adding 4 new seats to the Court to make 13 justices instead of 9 justices. The Constitution does not outline specifically how many justices must be appointed. Some have argued that this could “pack the court” with liberal justices. Others have argued that it might create a balance with the conservative-tipped bench presently in place.

Consider the following questions:

1) What are the pros and cons to expanding the Supreme Court, especially relating to its possible effects on judicial review? Give illustrative examples of what could happen. Argue for your assigned outcome.

2) Do you think the framers intended the Supreme Court to be expanded and or packed on one side or the other?

3) What can we learn from history about this? Has it ever happened before? If so, what was the net effect — and why?

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