Since the Constitution establishes the Supreme Court but doesn’t say how big it should be, someone has to set the number of justices. That someone is Congress under the Necessary and Proper Clause.

Legal documents in general and the Constitution in particular are neither of those things. See John O. McGinnis & Michael B. Rappaport, The Constitution and the Language of the Law, 59 WM.

Court Packing is Unconstitutional A law changing the number of justices to affect the Court's decisions is neither necessary nor proper Randy E. Barnett | 7.20.2021 10:56 AM ...