Article II, Section 2, Clause 2 of the U.S. Constitution grants plenary power to the president of the United States to nominate, and, with the advice and consent of the United States Senate, appoint "Judges of the Supreme Court", who serve until they die, resign, retire, or are impeached and convicted.

The existence of a chief justice is only explicit in Article I, Section 3, Clause 6 which states that the chief justice shall preside over the impeachment trial of the president; this has occurred three times, for Andrew Johnson, Bill Clinton, and for Donald Trump’s first impeachment.

Since the Supreme Court was established in 1789, 17 people have served as Chief Justice, beginning with John Jay (1789–1795).

One chief Justice – William Howard Taft – had previously served as President of the United States.

The United States Constitution does not explicitly establish an office of the Chief Justice but presupposes its existence with a single reference in Article I, Section 3, Clause 6: "When the President of the United States is tried, the Chief Justice shall preside."

The chief justice, like all federal judges, is nominated by the president and confirmed to office by the U.S. Senate.

Article III, Section 1 of the Constitution specifies that they "shall hold their Offices during good Behavior."

[3] Along with their general responsibilities as a member of the Supreme Court, the chief justice has several unique duties to fulfill.

This elevated status has enabled successive chief justices to define and refine both the court's culture and its judicial priorities.

Associate Justice William Johnson eventually persuaded Marshall and the rest of the court to adopt its present practice: one justice writes an opinion for the majority, and the rest are free to write their own separate opinions or not, whether concurring or dissenting.

[8] They may assign this task to the individual justice best able to hold together a fragile coalition, to an ideologically amenable colleague, or to themselves.

Law empowers any federal or state judge, as well as notaries public, to administer oaths and affirmations.

If the chief justice is ill or incapacitated, the oath is usually administered by the seniormost member of the Supreme Court.

Eight times, someone other than the chief justice of the United States administered the oath of office to the president.

[13] Since the tenure of William Howard Taft, the office of chief justice has moved beyond just first among equals.

[17] The chief justice also: Unlike Senators and Representatives, who are constitutionally prohibited from holding any other "office of trust or profit" of the United States or of any state while holding their congressional seats, the chief justice and the other members of the federal judiciary are not barred from serving in other positions.