The Supreme Court was not always nine justices, nor did it always have a home.

Cultures · Published 29 September 2026 Swipe more like this →

In short: The highest court in the United States began with six members and no dedicated building, meeting in temporary locations like New York City and Philadelphia. While today we associate the bench with nine justices and lifetime tenure, its size fluctuated throughout the 19th century to accommodate a growing nation.

The Supreme Court was established by the Judiciary Act of 1789, which set the initial membership at one chief justice and five associate justices. Because the Constitution provided only a general outline in Article Three, Congress held the power to define the court's organization. In its earliest years, the court lacked prestige and a permanent home, moving between New York City, Philadelphia, and eventually Washington, D.C., where it sat in the Capitol Building until 1935.

The court's size was not fixed at nine until 1869. Throughout the 1800s, Congress adjusted the number of justices to match the country's geographic expansion, as members were required to ride circuit to hear cases in distant districts. The bench grew to seven members in 1807, nine in 1837, and ten in 1863, before settling at its current size. These changes were often driven by the physical demands of travel and the need for judicial coverage across an expanding frontier.

Lifetime tenure, or service during 'good behavior,' was intended by the Framers to ensure judicial independence and insulate the court from political pressure. However, this structure has sparked modern debate. Critics like Larry Sabato and Sanford Levinson argue that indefinite terms create a time lag, leaving the court out of step with contemporary society. While impeachment is the only constitutional mechanism for removal, it has rarely been used, leaving the court's composition subject to the unpredictable timing of deaths and retirements.

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