What is the highest court in the U.S.? The Supreme Court, explored.

Caitlin McLean, USA TODAY
Updated ·4 min read
2

In your elementary school history classes, you may have learned the basics of the United States government, including the three branches of government.

If you need a refresher, they are the executive, Legislative and branches. When the Founding Fathers wrote the Constitution, they created three separate but equal branches, so no one part of government would be more powerful than the other. Each branch is able to "check" the other if one steps over the bounds of their power as a result of these checks and balances.

There are many other aspects of the federal government which can come into play, including the courts system, but what is the highest court in the land? We have the answers.

What is the highest court in the United States?

The Supreme Court is the highest court in the United States and is the only part of the federal judiciary required in the Constitution. According to the Constitution, “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” 

The Supreme Court is the highest tribunal for all cases and controversies that arise under the laws of the U.S or the Constitution. 

The Supreme Court is the highest court in the United States.
The Supreme Court is the highest court in the United States.

Who is the head of the highest court in the United States?

The head of the Supreme Court is the chief justice, whose role is to preside over the court during public sessions and during its private conferences when the court is deciding and discussing cases. Chief Justices also preside over Senate impeachment trials of the president.  

Similar to other justices on the bench, the chief justice is appointed by the president upon the approval of the Senate.

The Constitution does not say how many justices should sit on the Supreme Court, but the number has currently been set at nine by Congress.

According to the Constitution, federal judges hold their offices during “good Behaviour,” meaning that unlike the president, senators or representatives, they do not have limits to how many years they can serve.

Inside the Supreme Court: Why implementing a ruling can sometimes take longer than you think

What is the highest ranking state court?

laws and constitutions establish state courts. In all 50 states and Washington, D.C. the highest-ranking court is a state supreme court or a court of last resort.

Courts of last resort are the highest-ranking judiciary body within a given jurisdiction's court system, according to BallotPedia. These are usually called Supreme Courts, but not always. In New York, for example, the state Supreme Courts are trial courts. The court of last resort is the Court of Appeals.

Uniquely, Oklahoma and Texas both have two courts of last resort  — one for civil and one for criminal appeals.

These supreme courts do not hear trials of cases, but instead, hear appeals of decisions made in appellate courts or lower trial courts.

What does the judicial branch do?

Although there are elective officials in the congressional and the Executive branches, members of the judicial branch are appointed by the president and confirmed by the Senate.

Article III of the Constitution establishes the judicial branch and gives Congress the power to shape the federal judiciary.

The Constitution also grants Congress the power to establish inferior courts to the Supreme Court which resulted in U.S. district courts that try most federal cases. This has also resulted in the 13 U.S Courts of Appeals which review appealed decisions made in district courts.

Federal judges, like Supreme Court justices, can only be removed by impeachment by the House of Representatives and a conviction in the Senate.

Who are the Supreme Court justices? 

Just curious for more? We've got you covered.

USA TODAY is exploring the questions you and others ask every day. From "When did women get the right to vote?" to "How old do you need to be to be president?" to "What is the supreme court?", we're striving to find answers to the most common questions you ask every day. Head to our Just Curious section to see what else we can answer for you.

This article originally appeared on USA TODAY: What is the highest court in the United States? Get to know SCOTUS