Three Branches & Checks and Balances
The Constitution splits power three ways so no branch gets too strong. See who does what, how each branch keeps the others in check, and how a case reaches the Supreme Court.
- 1A case starts in a lower court
Most cases begin in a state court or a federal district court, where a judge or jury decides the facts.
- 2The losing side can appeal
An appeals court checks whether the law was applied correctly. It doesn’t hold a new trial.
- 3Ask the Supreme Court to hear it
The losing side files a petition for a writ of certiorari (“cert”). Thousands of petitions arrive each year.
- 4The Rule of Four
If at least four of the nine justices agree, the Court takes the case. It hears only a small share of petitions — often fewer than 100 a year.
- 5Briefs and oral argument
Lawyers for each side send written arguments, then argue in front of the justices, who ask questions.
- 6The justices vote and write opinions
A majority (usually 5 of 9) decides. One justice writes the majority opinion; others may write concurring or dissenting opinions.
- 7The decision becomes precedent
Lower courts must follow the ruling in similar cases. Only a later Supreme Court ruling or a constitutional amendment can change it.