How the office has been performed, and whether the constitutional
equilibrium is actually being maintained, are the questions to be
considered in this book. Before taking them up, however, it will be
useful to glance briefly at the Court itself and inquire how it is
equipped for its difficult task.

The United States Supreme Court at present is composed of nine judges.
The number originally was six. It now holds its sessions at the Capitol
in Washington, in the old Senate Chamber which once echoed with the
eloquence of the Webster-Hayne debate. The judges are nominated by the
President, and their appointment, like that of ambassadors, must be
confirmed by the Senate. The makers of the Constitution took the utmost
care to insure the independence of the Court. Its members hold office
during good behavior, that is to say for life. They cannot be removed
except by impeachment for misconduct. Only one attempt has ever been
made to impeach a judge of the Supreme Court[1] and that attempt failed.
Still further to insure their freedom from legislative control, the
Constitution provides that the compensation of the judges shall not be
diminished during their continuance in office.[2]

[Footnote 1: Justice Samuel Chase of Maryland in 1804-5.]

[Footnote 2: It is interesting to observe that this Court, safeguarded
against popular clamor and composed of judges appointed for life, has
consistently shown itself more progressive and more responsive to modern
ideas than have most of the state Supreme Courts whose members are
elected directly by the people and for limited terms only.]

From the time of John Jay, the first Chief Justice, down to the present