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Effects of Supreme Court Composition

Possible Effects of The Supreme Court Composition on Cases

This paper will discuss the effects of a change in the Supreme Court composition on various constitutional issues in controversial case law. The paper will be divided into sections according to the subject areas involved. These subjects are: (1) standing; (2) justiciability v. political questions; (3) federalism; (4) the Commerce Clause; (5) equal protection; (6) fundamental rights and due process; (7) the First Amendment; (8) the Establishment Clause; and (9) the Takings Clause.

The paper will attempt to deduce patterns in the cases described in order to predict how the cases would be decided by future justices. The patterns will be largely explained according to the political leanings of the justices. These political leanings will also be compared to the political party of the president who chose the justices. It will be noticed that there are anomalies in these patterns and that the political inclination of a president is frequently not a good measure of the political leaning of his Court nominees. Further, the political leanings of a president can be an even worse measure of how his nominee will vote in a particular case. It should be remembered that two of the most liberal justices in the history of the Court, Warren and Brennan, were appointed by a solidly Republican president, Eisenhower. In addition, two of the most recent Court liberals (or liberal moderates), Blackmun and Stevens, were appointed by Richard Nixon.

In Lujan v. Defenders of Life, a majority of the court held that a private environmental group did not have standing to challenge in court the actions of a federal agency. In a 7-2 decision, the Court held that the plaintiff did not have standing to challenge the agency's actions in court. Justice Scalia, joined by Chief Justice Rehnquist and Justices White and Thomas, said that since the plaintiff was not itself the object of the gover...

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Effects of Supreme Court Composition. (1969, December 31). In LotsofEssays.com. Retrieved 13:08, March 28, 2024, from https://www.lotsofessays.com/viewpaper/1680943.html