@giletrouge
But when the Dems win the election they can re-constitute the court or change its powers, is that right? Esp if they get the congress and the senate?
If I'm talking bollocks it's because I'm knackered so not checking my terms before posting. Extenuating circs here.
Supreme Court tenure is for life. A Justice can only be removed by impeachment for 'just cause' (ie malfeasance, incapacity, or crimes).
Congress has no power to change the Constitutional 'reach' of the SCOTUS. They have the final judicial 'say' in cases brought before them. That's part of the balance of powers. The Founding Fathers expected that SCOTUS would be made up of impartial and balanced Justices and that politics would never play a part in its makeup or decisions. Once again, we are dealing with their concept of 'honour', one that simply doesn't exist anymore. Or is very rare in political circles.
As far as 're-constituting' the Court if you mean 'firing' a Justice and replacing them, no, see above.
What is NOT in the Constitution is the exact number of Justices. There have been as few as six. But nine has been the 'traditional' number since the mid-1800s. Anyway, a Dem Admin and Dem led Congress could decide to 'pack the Court' which is the term used for adding Justices. I think the Dems might see this as a 'slippery slope' and I honestly don't know if it's seriously being considered or just political rhetoric (from both sides).