The United States government is based on the principle of separation of powers, meaning governmental authority is divided among three branches so that no single branch has complete control.
The Legislative Branch (Congress) makes federal laws. The Executive Branch (President and executive agencies) carries out and enforces those laws. The Judicial Branch (federal courts, including the Supreme Court) interprets laws and determines how they apply under the Constitution.
The branches also have checks and balances over one another. For example, Congress may pass a bill, but the President can veto it. Congress can override a presidential veto with the required two-thirds vote in each chamber. Courts can hold governmental actions unconstitutional in cases properly before them. The President nominates federal judges, but the Senate must provide its advice and consent before they are appointed. This prevents any one branch from exercising all governmental power.
The nine current Supreme Court Justices are:
- John G. Roberts, Jr. — Chief Justice
- Clarence Thomas — Associate Justice
- Samuel A. Alito, Jr. — Associate Justice
- Sonia Sotomayor — Associate Justice
- Elena Kagan — Associate Justice
- Neil M. Gorsuch — Associate Justice
- Brett M. Kavanaugh — Associate Justice
- Amy Coney Barrett — Associate Justice
- Ketanji Brown Jackson — Associate Justice
The process for becoming a Supreme Court Justice demonstrates separation of powers itself. When there is a vacancy, the President nominates a candidate under Article II of the Constitution. The nomination normally goes to the Senate Judiciary Committee, which investigates the nominee and holds public confirmation hearings where senators question the candidate. The committee then considers the nomination, after which it can proceed to the full Senate. The Senate votes on confirmation, and if a majority confirms the nominee, the person can be appointed to the Supreme Court.
Supreme Court Justices do not serve fixed terms. Under Article III, they hold office during “good Behaviour,” effectively giving them life tenure unless they resign, retire, die, or are removed through the constitutional impeachment process.
Thus, the Supreme Court appointment process is itself an excellent example of checks and balances: the Executive Branch selects the nominee, the Legislative Branch must consent to the appointment, and the person then serves independently in the Judicial Branch.
