Ex parte Mason’s Empirical Analysis

Citation profile

25 federal appellate · 8 district · 7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 93 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““All persons in the military or naval service of the United States are subject to the military law, the members of the regular army and navy, at all times-, the militia, so long as they are in such service.” (Emphasis added.) The court stated further, “The necessary construction is that the words, in this amendment, ‘when in actual service in time of war or public danger,’ like the corresponding words, in the first article of the constitution, ‘call[ed] forth to execute the laws of the Union, suppress insurrections and repel invasions,’ and ‘employed in the service of the United States,’ and those, in the second article, ‘when called into the actual service of the United States,’ apply to the militia only.””

   2 later decisions quote this exact passage · from the majority
   e.g. Johnson v. Sayre · Owens v. Markley

2. ““In time of war, insurrection, or rebellion, larceny, robbery, burglary, arson, mayhem, manslaughter, murder, assault, and battery with an intent to kill, wounding, by shooting or stabbing, with an intent to commit murder, rape or assault and battery with an intent to commit rape, shall be punishable by the sentence of a general court martial, when committed by persons in the military service of the United States, and the punishment in any such case shall not be less than the punishment provided, for the like offense, by the laws of the state, territory, or district in which such offense may have been committed.””

   1 later decision quote this exact passage · from the majority
   e.g. In re Brodie

3. ““AVhen any officer or soldier is accused of a capital crime, or of any offenses against the person or property of any citizen of any of the United States, which is punishable by the laws of the land, the commanding officer, and the officers of the regiment, troop, battery, company, or detachment to which the person so accused belongs are required, except in time of war upon application duly made by or on behalf of the party injured, to use their utmost endeavors to deliver him over to the civil magistrate and to aid the officers of justice in apprehending and securing him, in order to bring him to trial.””

   1 later decision quote this exact passage · from the majority
   e.g. Ex parte King