S.J.RES. 16: A joint resolution proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices.

This joint resolution proposes an amendment to the U.S. Constitution to permanently set the number of Supreme Court justices at nine.

Summary: Senate Joint Resolution 16 (S.J. Res. 16), introduced during the 119th Congress by Senator Ted Cruz, proposes an amendment to the United States Constitution that would lock the size of the Supreme Court at exactly nine justices. Currently, the Constitution does not specify the number of justices on the Supreme Court; instead, Article III leaves that determination to Congress, which last set the size at nine via statute in 1869. S.J. Res. 16 aims to codify this long-standing tradition directly into the Constitution, removing the ability of future Congresses to change the size of the court through regular legislation.

Key Provisions:

• Constitutional Amendment: Proposes a new amendment to the United States Constitution stating: "The Supreme Court of the United States shall be composed of nine justices."
• Ratification Deadline: Requires ratification by the legislatures of three-fourths of the states (38 out of 50 states) within seven years of its submission to the states to become valid.

Impact Analysis:

• Limitation on Congressional Power: Historically, Congress has altered the size of the Supreme Court several times, with the number of seats fluctuating between five and ten before settling at nine in 1869. If ratified, this amendment would strip Congress of its statutory authority to change the court's size, requiring a new constitutional amendment to make any future adjustments.
• Prevention of "Court-Packing": The amendment is intended to prevent "court-packing," a political strategy where a governing party expands the number of seats on the Supreme Court to appoint ideologically aligned justices and alter the balance of the court.
• High Threshold for Passage: As a constitutional amendment, S.J. Res. 16 faces a high procedural bar. It must secure a two-thirds majority vote in both the Senate and the House of Representatives before being sent to the states, where it would then require approval from three-fourths of state legislatures within seven years.